Jean Mensa, the Chairperson of the Electoral Commission of Ghana has stated that the results of December 7, 2020, elections were collated in accordance with the Public Elections Regulations, 2020 (C.I. 127).
According to her, after the results were collated, eight agents of the various candidates who contested in the elections and were present at the time of the completion of the form used to declare the results appended their signatures just as the C.I. 127 requires.
Jean Mensa, in a six-page witness statement in response to petitioner John Dramani Mahama, stated further: “A tabulation of all Valid Votes obtained by all 12 Candidates as declared by the [EC] on 9 December 2020 and captured on Form 13 adds up to a total of 13,121,111.”
The EC Chairperson then emphasised: “The calculations showed that the 2nd Respondent [ Nana Akufo-Addo] had obtained more than 50% of the valid votes. It was also clear that whatever results were outstanding at the time could not mathematically change the more than 50% of the valid votes as obtained by the 2nd Respondent.”
John Dramani Mahama had argued that the results declared by the EC on December 9, 2020, would have been different if that of the Techiman South Constituency had been added.
But Jean Mensa, who is also the Returning Officer for the election, explained that the outstanding Techiman South Constituency results at the time of declarations, whether included or excluded from the votes obtained by the candidates would not change the outcome of the presidential election.
She indicated that the results have since been released, adding that the results have vindicated the “mathematics based on which the result was declared on 9 December 2020”.
She also stated that her initial declaration of “13,434,574” as the total valid votes was a mistake.
She, however, denied the petitioner’s claims that the Commission padded votes in favour of Nana Akufo-Addo to help him win the 2020 general elections.
John Dramani Mahama, the NDC presidential candidate, after the December polls, disagreed with the outcome of the presidential election which was declared by the Electoral Commission on December 9, 2020.
Consequently, he filed a petition at the Supreme Court to challenge the election results.
In his petition, Mahama avers that neither him nor Nana Akufo-Addo, being the two leading candidates, obtained the constitutionally mandated “more than 50 per cent of the total valid votes cast” per the results declared on 9 December by Jean Mensa, the EC’s Chairperson.
Mahama argues further that if that 9 December declaration which was based on wrong results and a wrong calculation of the then outstanding Techiman South Constituency results were considered, then there would be no winner, thereby necessitating a rerun.
In summary, Mahama, through his lawyers, is praying the Supreme Court to annul the declaration of 9 December as unconstitutional and further that all subsequent amendments by the EC to the extent that those amendments were announced without a prior re-collation in the presence of the agents of the candidates as required by Constitutional Instrument (C.I.) 127, but were thrust on the people of Ghana via unsigned press statements are null and void, and of no effect whatsoever.
Akufo-Addo in his response indicated that the evidence of vote padding produced by the petitioner amounted to just 6622 votes, which were insignificant since he was validly elected based on Article 64(1) by a margin of some 500 thousand votes.
He stated that more than thirty-eight thousand polling station results witnessed by the general public and international observers attest to his win.
He further responded in paragraph 35 of his Answer that the results were “corroborated by all media houses of note in the country as well as many local and international observers”.
John Dramani Mahama is currently seeking to halt the election petition until the Supreme Court reviews its ruling on his interrogatories to the EC.
He is currently seeking a review of a ruling that unanimously rejected his application that sought through the “Discovery” process to serve interrogatories on the EC, by which the EC must admit or deny some facts so to avoid a lengthy trial and cross-examination of witnesses.
He has consequently filed a “stay of proceedings’ which will protect him from being punished by their Lordships for his failure to obey the Court’s order which required him to have filed witness statements by Thursday 21 January.
The case is expected to end by 10 February.