We all make mistakes, Mahama should have been kind with EC’s errors – Akoto Ampaw

Lawyer for the 2nd Respondent (Nana Addo Dankwa Akufo-Addo), Akoto Ampaw in the 2020 presidential election petition currently before the Supreme Court has said the petitioner, John Dramani Mahama should have been kind with the Electoral Commission for making errors that are immaterial.

The lawyer contended in court that everybody makes mistakes.

He was reacting to a motion moved by the petitioner’s lawyer, Tsatsu Tsikata to amend certain parts of the petition.

The petitioner sought to correct one of its reliefs which prayed the court to order a rerun of the presidential election between the petitioner and the 2nd Respondent Nana Addo Dankwa Akufo-Addo, who the petition erroneously captured as the “1st Respondent”.

But lawyers on the other side raised issues with the “proposed amendment” of the petitioner suggesting it contained mistakes.

One of the justices urged that the motion be accepted so the proceedings could proceed and also asked lawyer Akoto Ampaw if he does not make mistakes himself.

Mr. Ampaw conceded that, just like everyone else, he also makes mistakes and the he had wished that the petitioner were considerate with the mistakes of the EC.

“That is so, we all make mistakes and that is why we believe that the petitioner should have been more kind of the innocuous errors made by the 1st Respondents”, he said.

The court eventually granted the petitioners motion to amend his petition and adjourned hearing to Tuesday, January 19, 2020.



Background

The Presidential Candidate of the National Democratic Congress (NDC) in the December 7, 2020 Presidential Election, John Dramani Mahama sued the EC as 1st Respondent and Nana Addo Dankwa Akufo-Addo as 2nd Respondent, seeking the Supreme Court to grant him the following reliefs:

(a) A declaration that Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020 was in breach of Article 63(3) of the 1992 Constitution in the declaration she made on 9th December 2020 in respect of the Presidential Election that was held on 7th December 2020;

(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020, no candidate satisfied the requirement of Article 63(3) of the 1992 Constitution to be declared President-elect;

(c) A declaration that the purported declaration made on 9th December 2020 of the results of the Presidential Election by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th December 2020 is unconstitutional, null and void and of no effect whatsoever;



(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.I. 135) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held 7th December 2020 and gazetted on 10th December, 2020;

(e) An order of injunction restraining the 2nd Respondent from holding himself out as President-elect;

(f) An order of mandatory injunction directing the 1st Respondent to proceed to conduct a second election with Petitioner and 1st Respondent [2nd Respondent as amended] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.