24 December 2012

Ghana: I'm Coming, Nana Tells Supreme Court

Photo: South African Government
Ghanaians came from all walks of life to witness the presidential inauguration.

The opposition New Patriotic Party (NPP)'s presidential candidate for the just-ended election, Nana Addo Dankwa Akufo-Addo, has notified the Supreme Court registry of his intention to challenge the results declared by the Electoral Commission (EC).

Nana Akufo-Addo indicated in a letter to the Supreme Court that he would avail himself of the legal opportunities for redress over the disputed electoral results.

EC Chairman Dr. Kwadwo Afari-Gyan, on December 10, called the results for President John Mahama in spite of opposition claims that the EC needed to investigate alleged manipulation of figures before the declaration, since it suspected the results had been fixed.

According to the NPP, it had evidence that the ruling National Democratic Congress (NDC) colluded with some election officials to fix the results in favour of President Mahama.

In spite of the protest, the EC went ahead to gazette the results on December 11, without taking into consideration, the protests by the NPP.

As a result, the NPP had been compiling what it called 'hard and compelling evidence' to prove that the EC indeed massaged the people's verdict in favour of President John Mahama on December 7.

Nana Akufo-Addo, in a letter he personally signed on December 18, to the registrar of the highest court of the land, James Mensah, and copied to Judicial Secretary Justice Alex Poku-Acheampong, titled "Re: The Supreme Court (Amendment) Rules, 2012 (C.I 74)", said: "I am a citizen of Ghana and one of the contestants in the recently concluded presidential election, in which the Electoral Commission, through its Chairman, declared HE John Dramani Mahama as the first-round victor in the evening of 9th December, 2012.

"The declaration has been set down in C.I. 80, 'Declaration of President-Elect Instrument, 2012', which was issued by the Electoral Commission under the hand and seal of its Chairman on 10th December, 2012 and notified in the Gazette on 11th December, 2012."

Nana Akufo-Ado said, "Both the Constitution of the Republic in Article 64 and the Supreme Court (Amendment) Rules, 2012 (C.I. 74) in S.68 have provided a period of twenty one (21) days after the declaration of the result for a citizen to challenge in the Supreme Court the validity of the result, if he or she so desires, by filing a petition in the Registry of the Supreme Court to that effect."

He said, "I intend to avail myself of these provisions to mount such a challenge. Having regard to the upcoming Christmas holidays, I would, therefore, be grateful if you could promptly confirm to me that the Registry of the Supreme Court will be opened on 27th, 28th and 31st December, 2012, which are normal working days within the statutory period.

"I am by a copy of this letter notifying the Judicial Secretary of its contents."

The registrar, in response the next day to the NPP candidate's letter, which was delivered by hand, said, "We write to confirm that the Registry of the Supreme Court will be opened for business on Thursday 27th December, Friday 28th December and Monday 31st December, 2012."

It said, "These are normal working days for the registry and the Judicial Service Administration. The Registry will be opened for business from 8 a.m. to 4 00 p.m."

Per the correspondence, it was clear that the much-awaited legal tussle would commence anytime soon.

DAILY GUIDE sources hinted that the NPP would file the much anticipated petition by the close of the week after the Christmas break with its 'incontrovertible evidence'.

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