Supreme Court sets out 5 issues for determination in 2020 presidential election petition

 

The Supreme Court has set out five issues for determination in the 2020 presidential election petition filed by the presidential candidate of the National Democratic Congress (NDC), Mr John Dramani Mahama.

A determination of the five issues by the court will enable the court come to a conclusion as to whether or not the petition has any merit.

The Apex court has also set timelines and mode of trial for it to hear the petition.

The five issues include:

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 as President-elect,

3.whether or not the 2nd respondent [Nana Akufo-Addo] still met the 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.

 

Meanwhile the return date for the review filed by lead counsel for the petitioner is January 28, 2021.

Timelines

The timelines outlines and enumerated by the panel are as follows;

The petitioner and witness shall file witnesses statements with exhibits if any by the noon of Thursday, January 21, 2021.

The witness statement shall be served on the counsel for the respondent by the close of Thursday January 21.

The respondents and the witnesses if any shall file their witness statement with exhibits if any by the close of the day on Friday January 22, 2021.

a. The first and second respondents shall file submissions on the preliminary objections raised to the petition by 12 noon of January, 22.

b. The registrar shall ensure service of submission by close of Friday, January 22.

c. The petitioner shall file any response to the submission of the preliminary objection by Monday, Jan 25, 2021.

 

d. The registrar shall ensure service of the petitioner’s response by close of Monday, January 25, 2021.

e. Ruling on the preliminary objection will be incorporated in the final judgement of the court.

Response

Meanwhile Counsel for the petitioner, Mr Tsikata, who was not in agreement with the timelines argued that the timelines could have consequences on the review motion for review of the court’s ruling on the application for interrogatories among other outstanding issues.

However, Justice Professor Nii Ashie Kotey said the court was operating under strict timelines of C.I. 99.

In his response, Mr Tsikata said: “justice must not be sacrificed for the expedition.”

The hearing continues on Tuesday, January 26, 2021.