JOHN DRAMANI MAHAMAV. 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

Core Terms ^Beta

sgd

petition

court

petitioner

respondents

article

constitution

exhibits

justice of the supreme court

noon

preliminary objections

registrar

response

witnesses

witness statements

1st respondent

2nd respondent

2nd respondents

alleged vote padding

answers

candidate

counsel

data

december

declaration

determination of this petition

errors

exclusion

following issues

following orders

g. torkornoo

judgment of the court

memoranda of issues

m. owusu

mrs

parties

president

rule

strict timelines

submission

submissions

timelines

valid votes

virtue of the powers

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…