The National Democratic Congress (NDC) flagbearer, John Mahama, has asked the Supreme Court to compel the Electoral Commission to conduct a second election with just him and the incumbent, Nana Akufo-Addo as candidates.
He also wants an order of injunction restraining President Akufo-Addo from holding himself out as President-elect.
In his petition to Supreme Court, which has been sighted by Citi News, Mr. Mahama contends that the results declared by the EC in favour of President Akufo-Addo of the New Patriotic Party were “made arbitrarily, capriciously, and with bias.”
Mr. Mahama also feels “that the said declaration was made without regard to due process of law.”
President Akufo-Addo won the election with 51.3 percent of the votes while Mr. Mahama followed with 47.7 percent of the valid votes cast.
However, the NDC refused to accept the results because of its claims of malfeasance in the polls.
Mr. Mahama’s grievances hinge on the conduct of the polls in the Techiman South Constituency.
The EC declared the winner of the presidential election when the Techiman South Constituency results were pending.
But Mr. Mahama argues that if all the votes of Techiman South Constituency were added to his votes, President Akufo-Addo’s votes would remain at 6,730,413, now yielding 49.625 percent of the votes, while the his would increase to 6,342,907, now yielding 46.768 percent.
“Therefore, Mrs. Jean Adukwei Mensa’s claim in the purported declaration on 9th December 2020 that adding all the 128,018 votes in the Techiman South Constituency to the votes standing to the name of Petitioner would not change the results, was clearly wrong,” Mr. Mahama said.
The petition was filed today, Wednesday, December 30, 2020, by Mr. Mahama’s lawyers following the party‘s audit of the 2020 Presidential results “and extensive consultations with the National Executive Committee and Council of Elders of the party.”
In a statement, the NDC said the petition details “serious violations of the 1992 Constitution by the Electoral Commission and its Chairperson and Returning Officer for the Presidential Election, Mrs. Jean Adukwei Mensa in the conduct of their constitutional and legal responsibilities.”
The petition seeks among others, a declaration from the Supreme Court to the effect that, “the purported declaration of the results of the 2020 Presidential Election on the 9th day of December 2020 is unconstitutional, null and void and of no effect whatsoever.”