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Election Petition: There's a possibility of a review - Baba Jamal

By Mutala Yakubu
NDC Deputy Director of Legal Affairs, Baba Jamal
NDC Deputy Director of Legal Affairs, Baba Jamal
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The Deputy Director of Legal Affairs for the opposition National Democratic Congress (NDC), Baba Jamal says they could seek a review after the Supreme Court dismissed their case.

Mr Jamal says even though they have not decided their next action all options are on board.

READ ALSO: Election Petition: Jean Mensa's refusal to testify sets a bad precedence for the future - Mahama

"Once we are not happy with the ruling then there is a possibility of a review but that decision has not been taken, once we make a move we will let the public know. Mahama said all party members must put themselves together because we have more elections to come so we should not be disappointed and discourage"

A seven-member of the Supreme Court on March 4 dismissed former President John Mahama’s suit challenging the 2020 election results.

In reading the judgment on Thursday, March 4, 2020, Chief Justice, Anim Yeboah stated that the petitioner failed to prove his case beyond a reasonable doubt. The Supreme Court panel added that the errors announced by the Electoral Commission Chairperson, Jean Mensa, cannot be used to invalidate the election after those had been corrected.

According to the Supreme Court, the errors announced by Jean Mensa did not adversely affect any of the candidates in the 2020 elections.

The Supreme Court also held that the petitioner failed to adduce enough evidence to merit a re-run between Mr Mahama and President Akufo-Addo.

The Chief Justice in reading the judgment described as fanciful the witness statement by the Michael Kpessa-Whyte and Rojo Mettle-Nunoo.

Justice Anim Yeboah said the two witnesses had themselves to blame after abandoning their duty in the strongroom since they were under no obligations to leave when their work in the room was not finished.

Mr Mahama who re-contested the election on the ticket of the National Democratic Congress (NDC), took the Electoral Commission to court, challenging the validity of the Commission’s 9th December 2020 declaration of Nana Addo Dankwa Akufo-Addo as the winner of the poll.

Mr Mahama also contended in his petition that, President Akufo-Addo did not meet the constitutional threshold for election to the high office of the president yet was so declared.

He has been praying the court in the last two months, albeit amidst strong opposition from lawyers for President Akufo-Addo and the Electoral Commission, to nullify the declaration and to cause a re-run between him and President Akufo-Addo.

The issues

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 2nd 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 as 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 (EC) 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.