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JOHN DRAMANI MAHAMA V. ELECTORAL COMMISSION AND NANA ADDO DANKWA AKUFO-ADDO

(2021) JELR 109014 (SC)

Supreme Court  •  J1/5/2021  •  20 Jan 2021  •  Ghana

Coram
YEBOAH (CJ) (PRESIDING), APPAU JSC, MARFUL-SAU JSC, AMEGATCHER JSC, PROF. KOTEY JSC, OWUSU JSC, TORKORNOO JSC, AMADU JSC AND PROF. MENSA-BONSU J.S.C

Appearances
TSATSU TSIKATA WITH HIM TONY LITHUR FOR THE PETITIONER JUSTIN 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

BY COURT

We have considered the Petition and answers to same by the Respondents and the  Memoranda of issues set down by the parties. 

We accordingly set down the following issues for the determination of this Petition.

1. Whether or not the Petition discloses any reasonable cause of action. 

2. Whether or not based on the data contained in the declaration of the  1st Respondent for the 2nd Respondent as President-elect no  candidate obtained more than 50% of the valid votes cast as required  by Article 63 (3) of the 1992 Constitution. 

3. Whether or not the 2nd Respondent still met the Article 63 (3) of the  1992 Constitution threshold by the exclusion or inclusion of the  Techiman South Constituency Presidential Election results. 

4. Whether or not the declaration by the 1st Respondent dated the 9th of  December, 2020 of the results of the Presidential Election conducted  on the 7th December, 2020 was in violation of Article 63 (3) of the 1992  Constitution.

5. Whether or not the allege…

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