If there is any single case that brought meaning to the court structure and the legal antics of Ghanaian lawyers, it is the famous election petition case which would be decided this morning at the Supreme Court in Accra.
Not only did it portray to the whole world that ‘the black man is capable of managing his own affairs’ but also communicated to the world that an African country called Ghana was desirous to travel the path of democracy and help to institute another form of protest to election complains outside the usual conflicts that the continent is famous for.
It all started in the last quarter of the year 2010 when the political landscape of the country became heated ahead of the much expected 2012 elections. That was the season for contest within political parties and also for the heated exchanges most of which became known as the politics of insults. The newly elected General Secretary of the New Patriotic Party (NPP,) Lawyer Kwadwo Owusu-Afriyie, and the then deputy Minister of Tourism, Kobby Acheampong, became the centre of all these politics of insults especially as the insult of the latter by the former on Accra-based Citi FM’s Eyewitness News of Tuesday, October 19, 2010 that he was a ‘Kokoase Kurasini’ (village cocoa farmer) became the famous insults in the media and also in homes.
This insult also led to the emergence of babies with sharp teeth – all apologies to former President Jerry John Rawlings – from both the NDC and the NPP who went on insulting spree on the airwaves.
In fact, the hottest afternoon political talk show in Accra, Ekosii sen on Asempa FM was an example of programmes which promoted these insults. NPP candidate Nana Addo Dankwa Akufo-Addo was also accused of fondling the breast of a Ghana Broadcasting Corporation (GBC) make-up artist on the front pages and on the internet.
All the talk of insults seemed to have been brought to a close when the host of the said programme, Kwabena Bobie Ansah was sacked from the Multimedia Group after hundreds of NPP supporters besieged the premises of Asempa FM on Wednesday February 22nd 2012, threatening to lynch him for what they claimed are unprovoked attacks on its presidential candidate.
The tension in the country was ultimately changed from the politics of insults to the debate on what the country should do with the bloated register from the 2008 elections. It was finally agreed at an Inter-Party Advisory Committee (IPAC) meeting that the country should use the biometric register to conduct the 2012 polls. The period for the registration was again marked by pockets of violence especially in the Odododiodio constituency where now deputy trade minister, Nii Lantey Vanderpuiye was the NDC parliamentary candidate. The chaos and the alleged maltreatment of NPP supporters led to the infamous declaration of war statement by Assin North MP, Kennedy Agyapong who was subsequently arrested and charged before the law courts of Ghana. He was however freed on August, 27th 2013 by an Accra Circuit Court presided over by Mr. Ebenezer Osei Darko for want of credible evidence to the charges of Provocation of riot, contrary to Section 200 and Section 196 (1) (9) of the Criminal Offences Act, 1960 (ACT 29) and offensive conduct conducive to the breach of the peace, contrary to Section 207 of the Criminal Offences Act 1960, the state preferred against him.
A sacrificial lamb?
The tension in the country however seemed to have been doused by the sudden death of the sitting President, John Evans Atta Mills on 24th July, 2012; President Mills had been tagged to be seriously ill by the opposition parties despite disagreements from the government that the former vice president to Jerry Rawlings was incapable of executing the work of a president. The whole country however seemed to have been united by the death of the ‘Asomdwee hene’ and his Vice; John Dramani Mahama took over who subsequently led the NDC to the 2012 polls. In fact, the unity in the country and among various political leaders was displayed at his funeral when thousands of mourners from various sides of the political divide stormed the state hall to mourn the departed African President.
2012 polls
After vigorous campaign by all parties and an independent candidate which filed to contest the 2012 polls, the date for the final showdown arrived on 7th December, 2012 when all voters queued to cast their ballots. The delay and breakdown of Biometric Verification machines caused the elections to be continued on the next day by which time it was agreed that all will have the opportunity to cast their ballots. After ups and downs on when and how to declare the elections, the Chairman of the Electoral Commission, Dr. Kwadwo Afari-Gyan, at the night of December 9, 2012 emerged from his office at the commission’s headquarters at Ridge in Accra to declare President John Mahama as the winner of the polls.
According to the Chairman of the Electoral Commission, Dr. Kwadwo Afari Gyan, the NDC’s John Mahama won by 5,574,761 out of the total votes cast representing 50.70% of the total valid votes cast. His main contender and Presidential candidate of the New Patriotic Party, (NPP) Nana Akufo-Addo secured 5, 248, 898 votes representing 47.74% of the total valid votes cast.
The Progressive People’s Party’s candidate, Dr. Papa Kwesi Nduom, earned the third position as he polled 64, 362 votes making up 0.59% of the total votes cast. He was followed by the Presidential candidate of the Great Consolidated Popular Party (GCPP), Dr. Henry Lartey. He polled 38, 223 out of the total vote cast which is 0.35%.
The presidential candidate of the People’s National Convention (PNC,) Hassan Ayariga, had 24, 617 votes making up 0.22%. The Convention People’s Party’s presidential candidate, Dr. Abu Foster Sakara, came sixth as he secured 20,323 which is 0.18%. The only Independent candidate who contested the 2012 polls, Jacob Osei Yeboah, who conceded defeat had 15, 201 votes totaling 0.14%. And finally, the presidential candidate of the United Front Party (UFP), Akwasi Odai Odike, polled 8,877 making a total of 0.08%.
The total valid votes were 10,955, 626, total votes cast, 11, 246, 982. The total rejected votes, 251, 720. The total number of registered voters, 14,158, 890, the total number of Constituencies, 275 and the voter turnout was 79.43%.
Go to court
The NPP which had complained of irregularities during the polls and its final results was told to head to court to file their complaints as the EC chair was later to say in court that he did not see those results to have any significant effect on the results he declared. In fact, the Peace Council which was the mediator in the polls subtly supported the assertion forcing the NPP to give meaning to its promise of a court action 21-days after the declaration.
The NPP quickly organized a mainly youthful team to gather and analyze the records of the election and identify if any, the irregularities that bogged the election and indeed it didn’t take long for it to be very obvious that the election had been choked with unprecedented irregularities and violations from head to toe. National Chairman of the NPP, Jake Otanka Obetsebi-Lamptey, stated at a press conference organized by the party on 28th December, 2012 that: “I am happy to inform everybody here that suit number J1/6/13 has been duly filed at the Registry of the Supreme Court.” The party in the suit jointly filed with Nana Akufo-Addo as first petitioner, his vice-presidential candidate, Dr. Mahamudu Bawumiah, as second petitioner, and the chairman as the 3rd petitioner.
The NPP prayed the Supreme Court to declare (1) that John Dramani Mahama, the 2nd Respondent herein was not validly elected president of the Republic of Ghana. (2) That Nana Addo Dankwa Akufo-Addo, the 1st Petitioner herein, rather was validly elected President of the Republic of Ghana. (3) Consequential orders as to this court may seem meet. This also brought to an end weeks of rumours on whether the NPP would go to court or resigned to fate and wait for the 2016 election which was four years away. The new tune on the airwaves however was whether the Supreme Court would accept to hear the suit or throw it out and which judges would be appointed to sit on the case.
The legal Maradonas
Justices of the Supreme Court who were appointed by the Chief Justice, Mrs. Georgina Woode, to sit on and determine the landmark case were Mr. Justice William Atuguba (presiding), Mr. Justice Julius Ansah, Mrs. Justice Sophia Adinyira, Ms. Justice Rose Owusu, Mr. Justice Jones Dotse, Mr. Justice Annin Yeboah, Mr. Justice P. Baffoe-Bonnie, Mr. Justice Sule Gbadegbe and Mrs. Justice Vida Akoto-Bamfo. The petitioners also brought to court a 10-member legal team, including a former deputy Attorney-General and Minister of Justice, Ms. Gloria Akuffo; Mr. Philip Addison, Mr. Frank Davies, Mr. Alex Quaynor, Mr. Akoto Ampaw, Nana Asante Bediatuo, Mr. Kwame Akuffo, Mr. Kwaku Asirifi, Mr. Godfred Yeboah Dame, Mr. Egbert Faibille Jnr., and Professor Ken Attafuah, with President John Mahama being represented by Mr. Tony Lithur and Dr. Abdul Basit Aziz Bamba, while Mr. Tsatsu Tsikata and Mr. Samuel Codjoe represented the NDC. The EC which was the 2nd respondent in the case was also represented by Mr. James Quashie-Idun, Mr. Anthony Dabi and Mr. Stanley Amarteyfio.
The appointment of the judges did not go without hitches as the NPP legal team decided in camera to challenge the inclusion of a member of the panel. However, this challenge was declared that “We have upon consideration decided not to pursue the matter in order to facilitate an expeditious determination of the petition….This will in addition ensure an early hearing of the application for joinder….We would therefore be obliged if the application for joinder could be fixed for an early hearing.” Another judge on the bench was also being protested against by the NDC on the grounds that he was a member of the NPP, an allegation which was denied by Justice Dotse.
Joinder application
The Supreme Court on Tuesday, January 22nd, 2012 by majority decision of 6 – 3 ruled in favour of the NDC to join the election petition after head of NDC legal team, Mr. Tsatsu Tsikata insisted the governing party offered President John Dramani Mahama the platform to contest for the presidency and was thus an interested party whose interest would be injured if it was not allowed to join the petition as a respondent. So the respondents in case became three with the former Ghana National Petroleum Corporation (GNPC) boss leading the team of third respondents.
Live telecast
Following arguments by the public on the need to broadcast the case live as advanced by the pro-NPP think tank, Danquah Institute, the Chief Justice, Mrs. Georgina Theodora Woode in a press release on 15th April, 2013 directed that the proceedings of the Presidential Election Petition be broadcasted live via television and radio. A statement signed by Justice Alex B. Poku-Acheampong, Judicial Secretary said the decision was taken in response to the increasing calls from the public for the proceedings of the Court to be broadcast live in view of the historic importance of the case.
“We cherish the hope that this will deepen our country’s democracy and satisfy the greater public desire for accurate and up-to-date information on this historic and landmark case,” a statement from the SC said.
COMPILED BY: KWAKU NTI, NEWS EDITOR, TODAY.