Full judgement: ‘Election results reflect true wish of voters’

Chief Justice, Anin Yeboah

The Supreme Court in a unanimous decision dismissed the 2020 election petition filed by the NDC Flagbearer, John Dramani Mahama.

The seven-member panel presided over by Chief Justice Anin-Yeboah, said the petition challenging the declaration of the NPP presidential candidate Nana Akufo-Addo as the winner of the polls, failed to meet the legal threshold.

The ruling which is the longest yet in the Supreme Court took almost 2 hours to deliver.

The court pointed out that the petitioner, John Mahama, failed to provide any evidence to prove that the declaration by the EC boss Jean Mensa was rigged with errors.

The CJ was of the view that the petitioner’s team led by Tsatsu Tsikata has not presented any data to counter the figures announced by the EC Chairperson on December 9, 2020, as total valid votes.

In the judgement read, citing various authorities, the CJ said if the petitioner’s team had presented figures to prove that the New Patriotic Party presidential candidate Nana Akufo-Addo did not meet the legal threshold, all the reliefs sought would have been granted.

The CJ added that the said unilateral errors made by the EC Chairperson Jean Mensa had no bearing on the matter before the court.

“We are however satisfied from the evidence on record that the figures announced as representing the valid votes obtained by the respective candidates were right and represented the will of the voters.

“We therefore hold that the error committed by the Chairperson of the first respondent cannot void the declaration, which actually announced the true wishes of the voters.

“To hold otherwise will mean that errors in statement and numbers committed by the Chairperson of the first respondent in an election, which do no impact on the outcome of the result, could nullify the actual result,” as contained in the unanimous decision.

The Chief Justice further said the testimonies of the three petition witnesses (NDC General Secretary Johnson Asiedu Nketia, representatives in the EC strong room Dr Michael Kpessa-Whyte and Robert Joseph Rojo Mettle-Nunoo) were of no relevance to the petition.

The three witnesses, according to the panel, failed to prove to the court the said illegalities that characterised the December 7 election.

According to the panel, the representatives of the NDC flagbearer in the EC strong room basically neglected their duties to oversee happenings in the National Collation Centre.

It was the view of the court that once the representatives signed the regional collation sheets, there was no basis for the complaints.

Justice Yeboah also mentioned that the evidence before the court confirms that the second respondent Nana Akufo-Addo indeed satisfied the 51 per cent threshold, as per the constitution, with the exclusion or inclusion of the Techiman South results.

In effect, the petitioner failed to provide evidence to show that the NPP candidate did not meet the 50 plus benchmark.

Read the full judgement below 

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