Supreme Court grants Mahama leave to amend petition
The Supreme Court has granted former President John Dramani Mahama’s motion for leave to amend the Election Petition challenging the validity of President Nana Addo Dankwa Akufo-Addo, as the winner of the December Presidential election.
The Petition stated the first respondent as the Electoral Commission (EC) and President Nana Addo Dankwa Akufo-Addo, as the second respondent.
However, relief (f) is asking the Court to order a rerun between Mr. Mahama and the first respondent, which as stated in the petition, turned out to be the EC.
Relief (f) is also seeking “an order of mandatory injunction directing the first respondent to proceed to conduct a second election with the petition and the first respondents as the candidates as required under Articles 63 (4) and (5) of the 1992 Constitution.”
The Court, presided over by the Chief Justice Kwasi Anin Yeboah, consequently, directed the petitioners to file the amended processes by 1600 hours today.
The seven-member panel asked the respondents to also file their responses to the amended processes by Friday January 15, this year by 1600 hours.
In the Court held that the amendment did not in any way affect the substance contained in the petition.
The apex court of the land adjourned the matter to Tuesday, January 19, for pre-trial.
The Court also granted Mr. Mahama’s request for the Election Petition to be televised live and said arrangements had been made for that.
Mr. Tsatsu Tsikata, lead Counsel, moved the motion for leave to amend the petition filed on December 30, last year, in reference to relief (f) of the petition.
Mr. Akoto Ampaw, lead Counsel for President Nana Addo, opposed the motion for leave to amend the writ and the petition, contending that there was no writ properly before the Court.
Mr. Justine Amenuvor, who represented the EC, also opposed the grant of the motion for leave to amend the writ.
Present at the Court were Former President Mahama and Professor Jane Naana Opoku Agyemang, the Vice Presidential Candidate of the NDC, and Mr. Samuel Ofosu Ampofo, NDC National Chairman.
Mr. Peter Mac Manu of the New Patriotic Party (NPP) represented President Nana Addo, while Mrs Jean Mensa, the EC Chairperson, represented the Commission.
The seven members on the panel at the Court were: Justice Samuel Maful-Sau, Justice Yaw Apau, Nene Amegatcher, Prof. Nii Ashie Kotey, Gertrude Torkornoo and Mariama Owusu.
The Highest Court of the land, having started the preliminary hearing of the motion for leave filed by Mr. Mahama to amend his petition before it, is expected to hear the petition and deliver its judgement within 42 days.
Mr. Mahama is praying the Court to annul the presidential election results and organise a re-run between him and President Nana Addo.
President Nana Addo and the EC, through their lawyers filed their respective responses.
The Electoral Commission on December 9, 2020, declared incumbent President Nana Addo-Dankwa Akufo Addo, the candidate of the New Patriotic Party, the winner of the Presidential Election.
However, according to the petition filed by Mr Mahama, none of the 12 candidates in the election obtained the mandatory 50 per cent plus one vote required for victory.