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Opinions of Friday, 26 July 2013

Columnist: Adofo, Rockson

In the Unlikely Event of a Re-Run Verdict

by the Supreme Court

Ghanaians are impatiently awaiting the Supreme Court verdict on Election 2012 presidential petition now that all cross-examinations hearings have come to an end. Nana Akufo Addo and Co filed a petition in the Supreme Court alleging that Election 2012 was rigged in favour of then presidential-candidate John Dramani Mahama. They prayed the Court to overturn or invalidate the results.

There are three possible verdicts each of which could be pronounced by the Supreme Court depending on the credibility of the available evidence before them. They are:

1. Nana Akufo Addo was the winner but was robbed by John Mahama. Therefore, Nana is declared the winner by the Supreme Court depending on the volume and veracity of the evidence provided and gathered at the cross-examinations of the principal witnesses.

2. John Mahama is reaffirmed the winner because he did not rig the election or the evidence provided by the petitioners are not sufficient enough to invalidate or overturn the results declared by Dr Afari Gyan on 9 December 2012 in favour of John Mahama

3. None of them (Nana Akufo Addo and John Mahama) had 50% and above of the valid cast votes so there must be a re-run between both candidates.

In the unlikely event of point 3 becoming the pronounced outcome of the Court case by the Supreme Court, I would suggest as following:

A. The Supreme Court must order the immediate resignation of President Mahama and ask the Chief Justice to take over the presidency in the capacity as an Acting President pending the election of a new president through genuinely conducted national elections.

B. With the resignation of Mahama, the Vice President, Arthur-Amissah, is automatically gone so he cannot sit in as the Acting President

C. The Speaker of Parliament cannot act as President which should otherwise be the case because he belongs in NDC and in this instance cannot be trusted to act fairly without casting a second doubt on any immediate future elections

D. The Court must determine which electoral register must be used for any fresh elections. At this stage, and as affirmed at the cross-examination of Dr Afari Gyan, there exists two different voters registers.

Owing to financial constraints, I will strongly admonish the Court to come out with nothing but the truth based on the evidence before them as witnessed by the whole world. The opinion poll conducted by me asking many people the simple question of: Who do you think will win the case depending on what you have watched live on television and online during the court hearings, almost everyone says, the petitioners.

In order not to pre-empt the Court’s verdict, I leave the final judgment to the nine wise men but they should let justice and truth be their guide.

Rockson Adofo