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Ghana Election Petition 2: The ‘Ifs’ of Quality of Judgement and Enforcement for Democracy – Samuel Mahama

by Isaac Mintah

Akufo Addo (L), John Mahama (R)

With the opposition leader John Dramani Mahama (JDM) challenging the verification and validation of the Ghana Elections 2020 at the Supreme Court (SC), commentaries of the judicial process can not be overlooked in the interest of the future of democracy in Ghana and other countries.

We are into a period of ‘ifs’ but it is good we experience it now than leave it for future generations.

If Chief Justice Kwesi Anin-Yeboah who is the head of the SC swears in Nana Addo Danquah Akufo-Addo as president of Ghana on the 7th of December 2021, it will impossible for him to be part of the bench to adjudicate Ghana Election Petition 2.

“Hence in the interest of fairness he has to recuse himself as he can not be a jury and a defendant in his own court.”

In the interest of uplifting fairness which has eluded the Ghanaian courts for a while as proven in the Anas’ corruption in the judiciary video of a case study, Chief Justice Anin-Yeboah must not even be the one to enpanel the judges in this Ghana Election Petition 2.

If the SC hurriedly upholds the independence of the Electoral Commission (EC), and claims it has no constitutional authority to checking the EC’s main remit of conducting elections. Then the EC becomes the king maker god of Ghana, which will create a new system of governance which is not democracy anyways but a philosophy yet to be named. And Akufo Addo toaso (continuous).

Need must not mentioned of how democracy did collapse in Ghana in three occasions before this teething forth attempt.

If the SC rules based on legal technicalities and not on the merit or arithmetic merit of the case, the blowback effect will be no different from the new unnamed governance philosophy, and Akufo Addo toaso rules.

If the court grants the relief of a re-run to JDM it will re-define our democracy.

JDM has to press for Art. 296 (read below) of the constitution that he used as part of his petition to SC and by that extension,

▪️Mrs. Jean Mensa can not be made to lead the EC in the re-run as she and the other two ECs have contravened a fundamental part of the constitution of Ghana and they will have to simply walk out of the offices or be sentenced (monetarily or government hotel term or both).

▪️If it so happens the Speaker of Parliament will act as President, but knowing the personality of Akufo Addo.

▪️ Akufo Addo will have to nominate someone else as the EC to conduct the re-run.

▪️ Akufo Addo will still be the president as he will be sworn in come this 7 January 2021.

▪️Will the distinct arm of the presidency accept the re-run ruling of the judiciary as another distinct arm of governance.

▪️Constitutional unknown is in the horizon, as to the elected president whose legitimacy has been challenged is in the balance, yet sworn in as the president by the Chief Justice of same court.

¶ Akufo Addo is likely to say ‘no court no court’ which is akin of them (NPP).

▪️ Courts don’t effect their own ruling but employ the security services.

▪️Meanwhile the commander-in-Chief of the security services is the president whose legitimacy is questioned.

▪️Is the court expecting the president to effect an adverse ruling against himself using his subordinates the security services?

▪️JDM will have to ensure he ropes in the UN Security Council to step in as an effector arm of the SC ruling should a re-run be the verdict.

Many ‘ifs’ in this Ghana Election Petition 2 case to unfold before our own eyes.

The world is waiting patiently to see how it plays out as the ‘Ifs’ and seeming bias is more obvious but the global tides are in favour of the odds.

_”The discretionary power shall be deemed to imply a duty to be fair and candid; (b) The exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law.”_ (Constitution of Ghana, art 296)

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