Lithur, Ampaw and Amenuvor set for election petition hearing

Lawyer Akoto Ampaw of Akufo-Addo, Prempeh and Co. law firm, has entered appearance for Nana Akufo-Addo in the election petition filed against the Presidential Candidate of the New Patriotic Party (NPP).

Justin Agbeli Amenuvor of Amenuvor and associates is on the other hand, going to represent the Electoral Commission (EC).

The two are expected to square up the legal battle with Tony Lithur of Lithur Brew law firm, who filed the Petition for and on behalf of the Presidential Candidate of the National Democratic Congress (NDC), John Dramani Mahama.

With the appearances filed, the case is almost set to begin, after the exchange of the necessary documents, including the list of witnesses to be called.

While this is the first time for Justin Amenuvor, Tony Lithur and Akoto Ampaw, were part of the 2013 election petition hearing filed by Akufo-Addo, Dr. Mahamudu Bawumia and the late Jake Obetsebi-Lamptey, a former National Chairman of the NPP.

In the 2013 case, Mr Lithur was the lead lawyer for then President Mahama, while Mr Ampaw, was part of the Akufo-Addo's legal team led by Lawyer Philip Addison.

Mr TsatsuTsikata, was counsel for the NDC.

Unlike the 2013 case which lasted eight months, the Supreme Court in this case, has allotted 42 days to tell Ghanaians, if they must vote again or recognise the NPP's Nana Akufo-Addo, as the validly elected President.

The Chief Justice, Kwasi Anin Yeboah, is yet to announce the list of Supreme Court judges to sit on the case.

Ex-President Mahama, is asking the Supreme Court to compel the EC to conduct a run-off with 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.

Mr Mahama, contends that the results declared by the EC in favour of President Akufo-Addo of the NPP were "made arbitrarily, capriciously, and with bias."

The former president, also feels "that the said declaration was made without regard to due process of law."

The EC declared the winner of the presidential election when the Techiman South Constituency results were pending.

But the presidential candidate of the NDC 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 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 on 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."

Mr Mahama's reliefs include (a) "A declaration that Mrs. Jean Adukwei Mensa, Chairperson of [EC] and the Returning Officer for the Presidential Elections held on 7`. 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 1020;

Mr Mahama's reliefs include (a) "A declaration that Mrs. Jean Adukwei Mensa, Chairperson of [EC] and the Returning Officer for the Presidential Elections held on 7`. 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 1020;

(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of [EC] 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 Respondent and the Returning Officer for the Presidential Elections held on 7? December 2020 is unconstitutional, null and void and of no effect whatsoever;

(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.1. 130) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwei Mensa, Chairperson of the [EC] and the Returning Officer for the Presidential Elections held 7? December 2020 and gazetted on 10th December 2020;

(e) An order of injunction restraining [President Akufo-Addo] from holding himself out as President-elect;

(f) An order of mandatory injunction directing the [EC] to proceed to conduct a second election with Petitioner and [Nana Akufo-Addo] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.