YOUR CASE HAS NO MERIT- SUPREME COURT GIVES FINAL VERDICT ON …
The Supreme Court has dismissed the election petition filed by the 2020 NDC Presidential Candidate, John Dramani Mahama.
This according to the apex court is because the case before it has no merit, therefore the court has no reason to order a re-run of the December 7 polls.
“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.
Former President John Mahama who lost the 2016 elections and re-contested the 2020 polls on the ticket of the National Democratic Congress (NDC), took the Electoral Commission to court, challenging the validity of results and the declaration of President Akufo-Addo as the winner.
John Mahama was insisting that none of the nine presidential candidates obtained the mandatory 50%+1 vote constitutional threshold to be declared the winner of the polls.
But reading the ruling of the court today, Chief Justice Anin Yeboah said the petitioner did not satisfy all the 5 issues outlined by the court to determine the case.
According to the Supreme Court, the petitioner failed to prove his case via his petition or through his witnesses.
Chief Justice Anin-Yeboah who read the ruling said the accounts of Rojo Mettle-Nunoo and Dr. Michael Kpessa-Whyte were immaterial to the case since the issue in contention had nothing to do with how the results were collated at the Electoral Commission’s national collation centre popularly known as the Strongroom.
“Their testimonies were unworthy in the settlement of the issues,” Justice Anin-Yeboah said.
He said Mr. Mettle-Nunoo and Dr. Kpessa-Whyte should instead have themselves to blame for abandoning their post while the collation of the results was ongoing.
Anin-Yeboah said the court after critically examining the case so far was satisfied that the case discloses a cause of action and properly invoked the jurisdiction of the court.
He explained that the court need not focus on the strength of the case to determine whether or not the court has jurisdiction in the matter. The fact that a party’s case may be weak is no grounds for striking it out.
“We conclude this judgement by emphasizing that the petitioner did not demonstrate in any way how the alleged errors and the unilateral corrections by the 1st respondent affected the validity of the declaration made by the Chairperson of the 1st respondent made on the 9th December 2020 as already stated in this judgement. The petitioner has not produced any evidence to rebut the presumption created by the publication of CI 135 for which his actions. We, therefore, have no reason to order a re-run as sort by the petitioner. So we accordingly dismiss the petition,” Mr. Anin-Yeboah concluded.