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JOHN DRAMANI MAHAMA V. ELECTORAL COMMISSION & NANA ADDO DANKWA AKUFO-ADDO (ELECTION PETITION CASE)

(2021) JELR 92199 (SC)

Supreme Court  •  WRIT NO. J1/05/2021  •  4 Mar 2021  •  Ghana

Coram
YEBOAH, J (PRESIDING) , APPAU, JSC , MARFUL-SAU, JSC, AMEGATCHER, JSC, PROF. KOTEY, JSC, OWUSU (MS.), JSC TORKORNOO (MRS.), JSC

Appearances
TSATSU TSIKATA WITH HIM TONY LITHUR FOR THE PETITIONER. J USTIN AMENUVOR FOR 1ST RESPONDENT WITH HIM A. A. SOMUAH ASAMOAH. AKOTO AMPAW FOR 2ND RESPONDENT WITH HIM FRANK DAVIES, KWAKU ASIRIFI AND YAW OPPONG.

Judgement

JUDGMENT

THE UNANIMOUS JUDGMENT OF THE COURT WAS READ BY YEBOAH CJ.

YEBOAH CJ

In this amended petition (hereinafter referred to as the Petition), the Petitioner, who was the Presidential Candidate of the National Democratic Congress (NDC) in the 7th December 2020 Presidential Elections, is seeking six reliefs against the Electoral Commission as 1st Respondent and the Presidential Candidate of the New Patriotic Party (NPP) as the 2nd Respondent. The reliefs are in the nature of three (3) declarations and three (3) orders.

Aside of relief (e), which is praying the Court to restrain the 2nd Respondent from holding himself out as the President-elect of Ghana, all the other reliefs were directed against the 1st Respondent. These reliefs are:

(a) 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 Dece…

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