The 2020 Presidential candidate for the National Democratic Congress (NDC), Mr John Dramani Mahama, has filed a motion at the Supreme Court asking the Electoral Commission (EC) to admit it made errors in the declaration of the 2020 Presidential results.
Mr Mahama filed the motion on January 18, 2021 ahead of the pre-trial of the Election Petition.
The Former President is seeking an annulment of the Presidential election results and a re-run of the election between him and Nana Addo Dankwa Akufo-Addo, second Respondent in the petition.
He is also praying the Court to order the 1st Respondent, the Electoral Commission, to proceed to conduct a second election between the petitioner and the 2nd respondent as the candidates,, as required under Articles 63 (4) and (5) of the 1992 constitutions.
The motion is requesting the Electoral Commission through its Chairperson, Mrs Jean Mensa within three days from the service to admit that the purported declaration of the Presidential Election results, on December 9, 2020, was broadcast live on radio, television and other electronic media.
It also wants the EC through its Chairperson to admit that she has made no other purported declaration in respect of the Presidential Election results of December 7, 2020.
The motion sought from the EC to admit that while making the purported declaration of the Presidential Election results of December 7, 2020, on December 9, 2020, it stated that the “………total number of valid votes cast was 13,434,574 representing 79 per cent of the total registered voters”.
It also wants the EC to admit that while making the purported declaration of the Presidential election results of December 7, 2020, on December 9, 2020, it stated that President Nana Akufo-Addo, who is the Second Respondent in the Election Petition obtained 6,730,413 votes, representing 51.595.per cent of the total valid votes cast.
The motion wants the EC to admit that the purported declaration on December 9, 2020, that “currently the election results we have declared exclude that of Techiman South Constituency”.
“That Mrs Mensa the Chairperson of the EC, the First Respondent, gave a figure of 128,018 as the voter population of Techiman South Constituency,” it said.
According to the motion, adding the voter population of Techiman South Constituency to the total valid votes of 13,434,574 valid votes announced by Mrs Mensa, the Chairperson of First Respondent, amounted to total valid votes of 13,562,592.
The motion indicated that the Second Respondent’s votes as announced by the Chairperson of the First Respondent in the declaration of December 9, 2020 – 6,730,413 – amounted to 49.625 per cent of 13,562,592.
That when the percentages of the valid votes cast and standing to the names of each of the Presidential Candidates as announced by Mrs Mensa, the Chairperson of First Respondent, on December 9, 2020, are summed up, they would yield a total of 100.3 per cent.
That Mrs Mensa, the Chairperson of First Respondent, in her purported declaration on December 9, 2020, stated that the results from Techiman South Constituency were not yet available.
That Mrs. Jean Adukwei Mensa, the Chairperson of First Respondent, in her purported declaration on 9th December 2020, stated that even if all the 128,018 votes of Techiman South Constituency were added to the votes standing to the name of Petitioner that would not change the results.
That Mrs Mensa, the Chairperson of First Respondent, refused to accept a letter (Exhibit B) written by the NDC to her in which the NDC, through its authorised and accredited agents, raised concerns and notified her of material errors in her collation of the results of the December 7, 2020 Presidential Election.
That a purported “correction” of figures in the declaration made by Mrs. Jean Adukwei Mensa, the Chairperson of First Respondent, was by virtue of an unsigned Press Release of First Respondent on December 10, 2020.
That the purported “correction” issued in an unsigned Press Release of First Respondent on 10th December 2020, stated that the total valid votes cast was now 13,119,460.
That the purported “correction” on December 10, 2020 changed the number of votes claimed to have been obtained by the other Presidential Candidates in the purported declaration of 9th December
That in respect of the purported “correction” and subsequent “correction” of the “corrections”, Mrs Mensa, the Chairperson of First Respondent, has never sought to confer with the agents of candidates.
It said the sum total of valid votes attributed to each candidate in the purported “corrections” of December 10, 2020 were different from the sum total of valid votes that were recorded on the summary sheets (Form 10) published by First Respondent.