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A leading Member of the New Patriotic Party (NPP), Gabby Asare Otchere-Darko, has said the Presidential Candidate of the National Democratic Congress (NDC) John Dramani Mahama had his first victory in the hearing of the election petition when he was granted the permission to correct the errors in his petition filed at the Supreme Court challenging the presidential results of last year’s elections.
Although, the respondents objected to the request made by Mr Mahama made to be allowed to right the wrongs in his petition, the justices of the apex court gave him the nod to correct the mistakes.
After Day 1 of the hearing on Thursday January 14, Mr Otchere-Darko who is also a private legal practitioner said “petitioner, @JDMahama got the 1st victory this morning when court granted his application to correct errors, which was opposed by the respondents.
“The petitioner is asking the court for a rerun because of errors in declaring results. Respondents say those errors were corrected!”
One of the errors the petitioner sought to correct is the relief seeking the court to order a rerun of the presidential election between the petitioner John Mahama and the 2nd Respondent Nana Addo Dankwa Akufo-Addo, who the petition initially captured as the “1st Respondent”.
Earlier the court also granted the petitioners request to broadcast live the proceedings of the hearing. This action in accordance with Rule 69C (4) of C.I. 99, where provision is made for the proceedings of the court to be transmitted live if the court so determines.
It is the second time an election petition will be broadcast live, the first being in 2012 when the Fourth Republic experience its first election petition.
The Presidential Candidate of the National Democratic Congress (NDC) in the December 7, 2020 Presidential Election, John Dramani Mahama sued the EC as 1st Respondent and Nana Addo Dankwa Akufo-Addo as 2nd Respondent, seeking the Supreme Court to grant him the following reliefs:
A declaration that Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020 was in breach of Article 63(3) of the 1992 Constitution in the declaration she made on 9th December 2020 in respect of the Presidential Election that was held on 7th December 2020;
(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020, no candidate satisfied the requirement of Article 63(3) of the 1992 Constitution to be declared President-elect;
(c) A declaration that the purported declaration made on 9th December 2020 of the results of the Presidential Election by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020 is unconstitutional, null and void and of no effect whatsoever;
(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.I. 135) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held 7th December 2020 and gazetted on 10th December, 2020;
(e) An order of injunction restraining the 2nd Respondent from holding himself out as President-elect;
(f) An order of mandatory injunction directing the 1st Respondent to proceed to conduct a second election with Petitioner and 1st Respondent [2nd Respondent as amended] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.