Election 2020
We Have Proven That No Candidate obtained More Than 50% – Tsikata’s Final Address To The Supreme Court
John Dramani Mahama says he has proven his case that no candidate obtained more than 50% of the valid votes threshold in the December 7 elections as stipulated by the 1992 Constitution.
According to lawyers for the Petitioner in their closing argument, the Electoral Commission must be directed as a matter of his consequential reliefs 2(e) and 2(f) to re-run the election between Nana Addo Dankwa Akufo-Addo and John Dramani Mahama.
“The admission by 1st Respondent of averment in paragraph 16 of the Amended Petition and paragraph 13 of the witness statement of PW1, which paragraph 9 of the request to admit facts also seeks to reflect, definitely lead to no other possible conclusion fact that, based on the data contained in the declaration made by the Chairperson of 1st Respondent, Mrs Jean Adukwei Mensa, no candidate obtained more than 50% of the valid votes cast. This does not require figures from Petitioner about the results. It is based on what the Chairperson of 1st Respondent, the Returning Officer for the election declared, which 1st Respondent has admitted by not responding to request to admit facts.”
The lawyers for the Petitioner emphasised that Jean Mensa, the Chairperson for the 1st Respondent during December 9, 2020 “Declaration” of the December 7 presidential election result – which is the only declaration on record – “acted unconstitutionally” against Article 63(3) of the Constitution of the Republic of Ghana.
“The evidence from the terms of the declaration and the considerations that the Chairperson said were the basis of the declaration she was making led to the conclusion that 2nd Respondent could only be credited with 49.625% of the votes at the time,” parts of the written address say.
It continues: “accordingly, Petitioner discharged the burden of proof that was in him. This, thereby, also overturned the prima facie evidence provided by virtue of Article 63(9) of the Constitution to the effect that based on [Constitutional Instrument] C.I. 135 [in turn, based on December 9, 2020, declaration], the person named in the declaration by the Chairperson was validly elected.
“Upon the displacement of the prima facie evidence by unchallenged evidence and admitted facts, as shown above, the burden shifted to 1st Respondent who would now have to establish firstly, that its chairperson had “inadvertently” made an error in the figure of total valid votes cast that she announced on 9 December 2020, and secondly that she later obtained the correct numbers in accordance with her constitutional and statutory obligations. It would then fall to be determined if it is established that she had “inadvertently” made an error on 9 December 2020, how the correction of errors in her declaration ought to be made.”
The Supreme Court will on Thursday, March 4, 2021, deliver judgment on the election petition.
Source: Ghanaweb
Election 2020
Mahama Was Asking The Supreme Court To Ignore The People’s Will Because Of An Error By The EC – Gabby Otchere Darko
Senior Member of the governing New Patriotic Party, Gabby Asare Otchere-Darko, says former President John Dramani Mahama’s election petition goes against the essence of petitions.
According to Mr Otchere-Datko, who is a cousin of President Nana Addo Dankwa Akufo-Addo, the National Democratic Congress’ flagbearer is asking the Supreme Court to set aside the will of Ghanaians, which is not what petitions are meant for.
In a Twitter post, he said Mr Mahama is calling on the court to declare a verdict in his favour based on an error by the Electoral Commission which has been corrected since.
Source: AdomOnline
Election 2020
I Was The Best Man At Dr. Ayine’s Wedding – EC Lawyer, Amenuvor Shows Support At Contempt Trial
Lead Counsel for the 1st Respondent in the Election Petition hearing, Justin Amenuvor, has shown solidarity to colleague Lawyer Dominic Ayine who was cited for Contempt by the Supreme Court.
According to Justin Amenuvor, he has been friends with the spokesperson for the Petitioner for as long as possible and was even the best man at his wedding thus he was only there to show support.
His statement comes after a judge asked whether he [Amenuvor] came to support his roommate adding that his name was not part of the Lawyers involved in the case.
“Yes my Lord, I came to support my roommate, best man and my best friend. I am not appearing as Counsel but as a friend of Dominic Ayine and a best man at his wedding. He was Commonwealth Hall Secretary in our year, he’s a very good friend of mine. We go way back.”
Dr Ayine was found guilty for some comments he made while addressing the media on February 16, 2021. According to him, the apex court had a “pre-determined agenda” to rule against the Petitioner and flagbearer of the National Democratic Congress, John Dramani Mahama.
Following the hearing on February 21, Dr Dominic Ayine was called to mount the witness box to explain the reason for his utterances. According to him, it wasn’t his intention to mar the reputation of the Supreme Court and quickly apologized to the Justices on the bench.
The Chief Justice, Kwesi Anin-Yeboah, conditioned that he would only be forgiven if he [Ayine] rendered an unqualified apology and retracts the ‘scandalous statement’ through the medium he defamed the apex court of Ghana on.
Following the retraction and apology, the Supreme Court discharged the case while advising the former Attorney General to be cautious with his utterances and not cause further him to his profession and the Supreme Court.
“We want to struck out having apologized and purge yourself from contempt”. The Chief Justice noted.
Meanwhile, the Election Petition hearing will continue on March 4 for judgement.
Source: GhanaWeb
Election 2020
Election Petition Final Address: EC Admits It Made Errors In Final Declaration
The lawyers of the Electoral Commission (EC), first respondent in the ongoing petition hearing say it is unfortunate that they were dragged to court by the NDC’s 2020 Presidential Candidate, John Mahama.
According to them, the harmless mistake made by EC boss, Jean Mensah while declaring the election results on December 9 had no bearing on the outcome of the election which has triggered the petition.
They further stated that the former President has failed to provide any evidence whatsoever to challenge the election results and for that matter, the declaration of the result and hence, they are calling on the court to dismiss the petitioner’s case.
The submission is contained in the written closing address filed by the lawyers in compliance with the Supreme Court’s orders.
Source: MyJoyOnline
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