Candidate Akufo-Addo did not attain more than 50% of total valid votes per the information contained in the 9th December, 2020 results declaration of Jean Mensah. He attained 49.625% and not the 51.595% the EC allocated him.
The EC admits that the 9th December declaration is wrong and that Akufo-Addo did not attain more than 50% of total valid votes per that declaration.
This wrong and unconstitutional declaration is what has been enacted into CI 135 and gazetted in accordance with article 63(9).
Till date, no true and proper correction has been made to this wrong and unconstitutional declaration and enactment by the EC.
The EC has even abandoned the so-called correction they published on their website on 10th December in their answer and have introduced new figures which keep changing without any plausible explanation or justification.
But even assuming without admitting that the EC has even made a true and proper correction of the errors in the 9th December declaration in accordance with the law, the question is, has Jean Mensa revoked, revised or amended CI 135, which per article 63(9) is the prima facie evidence of Akufo-Addo’s election? The answer is a big NO.
As we speak, there has been only one declaration, enactment and gazette of the 2020 Presidential election. This is the 9th December declaration, the EC’s itself agrees is in error. No subsequent so-called correction has been declared or enacted or gazetted. The faulty declaration and enactment have neither been revised nor revoked.
Hence our case is that, the 9th December declaration and enactment of same (CI135) are unconstitutional, and null and void ab initio.
It’s as simple as that.
The Supreme Court cannot uphold a declaration and enactment the EC itself admits is wrong and unconstitutional.
They least they can do is to order the EC to go and make a true and proper declaration and enactment based on the correct figures, which by the way, are yet to be ascertained.
Sammy Gyamfi is the National Communications Officer of the National Democratic Congress (NDC).