Election Petition: What Supreme Court will consider on Judgement Day

The Supreme Court of Ghana has set March 4, 2021, as the Judgement Day for the 2020 Election Petition filed by John Dramani Mahama, the NDC presidential candidate for the December 7, 2020, election.

“The petition is adjourned to March 4, 2021, for judgement,” Chief Justice Kwasi Anin-Yeboah said.

John Dramani Mahama filed the petition to challenge the December 9 declaration of the December 7 election results by Jean Mensa, the Electoral Commission Chairperson, in favour of the NPP candidate Nana Addo Dankwa Akufo-Addo.

After several days of failing to convince the court to have his case reopened, John Mahama, through his legal team was given permission by the Supreme Court to file his closing address on Tuesday, even though the two Respondents have filed theirs already.

“We are of the opinion that the petitioner should be granted leave to file his closing address on or before Tuesday, February 23, 2021,” the Chief Justice said, “in the interest of justice”.

The five issues set out for trial

The Supreme Court on January 20, 2021, set out five issues for determination after listening to arguments based on the petition and responses from both Respondents.

The five issues that will inform the judgement are:

1. Whether or not the petition discloses any cause of action – that is, if there is any legal grounds for the petition.

2. Whether or not the second respondent [Nana Addo Dankwa Akufo-Addo] met the Article 63 (3) threshold of the 1992 Constitution – this constitutional provision states that a presidential candidate must obtain more than 50 per cent of the total valid votes cast to be declared President-elect.

3. Whether or not the 2nd respondent [Nana Akufo-Addo] still met Article 63(3) of the 1992 threshold by the exclusion or inclusion of the Techiman South Constituency presidential election results.

4. Whether or not the declaration by the first respondent’s Chairperson (the EC’s Jean Mensa) on December 9 of the presidential election conducted on December 7 was in violation of Article 63(3) of the 1992 Constitution.

5. Whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the presidential election results of 2020.