Mahama erred challenging the validity of EC’s declared results – Sammy Darko

Private legal practitioner Lawyer Sammy Darko says former President John Mahama goofed when he filed a lawsuit contesting the Electoral Commission’s declaration of the 2020 presidential election.

He asserts the former President primarily challenging the presidential result declared by Chairperson of the Electoral Commission, Jean Mensa wasn’t enough grounds to overturn the December 7 elections.

“I think that the judgement was something that was expected from the time the petitioner closed his case. It was obvious that they were not going to be able to prove that no one obtained 50 + 1.”

“And, also there wasn’t much about the declaration because they were challenging merely the verbal declaration by the chairperson of the Electoral Commission was not going to be enough because it was the gazetted results which is the prima facie evidence that a person has been validly elected. Simply challenging the declaration was not going to be enough, so, my initial thoughts are that this judgment was expected,” Lawyer Darko said on Metro TV Thursday after the apex court’s verdict.

The Electoral Commission (EC) announced President Nana Addo Dankwa Akufo-Addo as the winner of the December 7 polls on Wednesday, December 9, 2020, despite concerns raised by the NDC.

Mr Mahama subsequently declared the party’s unwillingness to accept the outcome of the presidential election.

He filed a lawsuit against the Electoral Commission and President Akufo-Addo. John Mahama prayed the apex court to declare as void the presidential results declared by the EC and also order for a re-run insisting none of the nine presidential candidates obtained the 50+1 vote constitutional threshold to secure the Jubilee House.

After 64 days of legal battle, the Supreme Court dismissed the election petition brought before it by John Dramani Mahama, the 2020 Presidential Candidate of the opposition National Democratic Congress (NDC).

“The petitioner did not demonstrate in any way how the errors [committed by the EC] affected the declaration of the election…We have therefore no reason to order a re-run [of the polls]. We accordingly dismiss the petition,” Chief Justice, Kwasi Anin-Yeboah said while reading the ruling of the court on Thursday, March 4, 2021.

The unanimous dismissal of Mr Mahama’s suit contesting the validity of the Electoral Commission’s declaration of the 2020 presidential result has been greeted with mixed reactions.

Speaking on Metro TV’s The Verdict with Francisca Kakra Forson, Lawyer Sammy Darko explained that the former President was seeking administrative reliefs in the election petition instead of furnishing the court with his evidence of votes pardon.

“Someone seeking administrative reliefs and you could see that the whole election petition was about the declaration of the results by the chairperson of the Electoral Commission and the fact that she had done it not in accordance with Act 293″.

We do not seek reliefs in an election petition but through the high court,” he added.

According to him, claims the General Secretary of the NDC, Johnson Asiedu Nketia incessantly told the court when he mounted the witness box during the petition hearing he had brought samples that were legally unacceptable.

“When you come to [the] court of law you don’t bring sample evidence, you bring all the evidence that you’ve because it is based on your evidence that the court can now come to the conclusion that either the irregularities you are complaining about is so substantial that it changes the outcome of the results but if you say you brought a sample to show that there was [an] irregularity that is why they say they (counsel for the petitioner) were not able to prove that there was votes pardon and even if there were votes pardon they were not substantial”


By: Bernard Ralph Adams | Originalfmonline.com | Ghana 

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