The opposition New Patriotic Party’s presidential
candidate for the just ended elections, Nana Addo Dankwa
Akufo-Addo, has notified the Supreme Court registry of his
intention to challenge the results declared by the Electoral
Commission (EC).
Nara 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 allegations of 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 EC 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 (CI 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 H.E 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-Addo 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 it 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'.
