COPY OF JUDGEMENT- JSC ANSAH ANSAH,J.S.C INTRODUCTION/BACKGROUND The facts surrounding this suit have been fully played out in near epic dimensions before the public. However, there is no way this suit can be seen as a likeness of the numerous cases on various aspects of our 1992 Constitution. Indeed, I venture to say i t cannot be compared to any of the cases touching on various aspects of all our previous Constitutions. By virtue of its peculiar nature and potential effects, many commentators have rightly described this suit as one posing a test of the structural maturi ty of our democratic ethos, causing all eyes worldwide to focus, even if only briefly, on our polity to see if and how we can surmount this unique challenge. Without doubt, the resolution of this case portends much for the future path of our democratic d evelopment. On 7 th December, 2012, Ghana underwent its sixth general elections under the 1992 Constitution. On account of factors which led in part to the present suit, the elections for the first time in the post - 1992 Constitution era spilled over into th e next day, that is, 8 th December, 2013. Whiles the parliamentary results from the elections were largely unchallenged, the results of the presidential elections have come up for judicial scrutiny through this action. On 9 th December, 2012, the Electoral Commissioner, the constitutionally designated returning officer in presidential elections, announced the results of the Presidential elections as follows: a. John Dramani Mahama 5, 574, 761 50.70% b. Dr. Henry Herbert Lartey 38, 223 0.35% c. Nana Addo Dankwa Akufo - Addo 5, 248, 898 47.74% d. Dr. Papa Kwesi Nduom 64, 362 0.59% e. Akwasi Addai Odike 8, 877 0.08% f. Hassan Ayariga 24, 617 0.22% g. Dr. Michael Abu Sakara Forster 20, 323 0.18% h. Ja cob Osei Yeboah 15, 201 0.14% Based on these results, the 2 nd respondent declared John Dramani Mahama, the 1 st Respondent in this case, as the winner of the Presidential elections. Subsequently, on 7 th January, 2013, the Chief Just ice of the Republic of Ghana swore the 1 st Respondent to assume office as the President of the Republic of Ghana. THE PETITIONERS’ ACTION The petitioners seek in this action to set aside the election and swearing in as president of the 1 st Respondent. The 1 st and 2 nd petitioners had contested the 2012 general elections on the ticket of the New Patriotic Party (hereinafter referred to as the NPP) as that party’s presidential and vice presidential candidates. The third respondent is the chairman of the NP P. By their petition, the petitioners themselves proceeded against the first and second respondent. The first respondent is the current President of the Republic of Ghana, whereas the second respondent is the body set up under Chapter Seven (7) of the Cons titution to inter alia, conduct and supervise all public elections and referenda. The National Democratic Congress (hereinafter referred to as the NDC) was joined as the third respondent herein after a successful application to this Court. The petitioners seek a one hundred and eighty degree twirl from the events of 9 th December, 2012 and 7 th January, 2013. In their own words, they seek from this Court: “(1) A declaration that John Dramani Mahama, the 1 st respondent herein, was not validly e lected president of the Republic of Ghana; (2) A declaration that Nana Addo Dankwa Akufo - Addo , the 1 st petitioner herein, rather was validly elected President of the Republic of Ghana; (3) Consequential orders as to this Court may seem meet.” The grounds for these reliefs were inextricably linked to various alleged deviations from the prescribed procedures for the conduct of presidential elections which said deviations, according to the petitioners, incurably vitiated the election and swearing in of the 1 s t respondent as president of Ghana.
Posted on: Wed, 04 Sep 2013 13:56:39 +0000
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