Ghana’s Supreme Court has upheld President Akufo-Addo’s victory in the December 2020 presidential election after dismissing an election petition filed by the opposition leader John Mahama.
Mr. Mahama, a former President, had filed the petition asking the court to annul the results of the elections and order a rerun because of alleged irregularities.
He argued that neither he nor President Akufo-Addo attained a clear majority because of the omission of one constituency from the provisional declaration of results by Ghana’s electoral commission.
Mr. Mahama’s petition also highlighted errors in the initial declaration of results which the electoral commission admitted to.
But the nine judges hearing the case unanimously affirmed that President Akufo-Addo had obtained more than 50% of total valid votes.
It also held that the electoral commission’s mistakes and subsequent corrections of the declared results did not significantly impact the outcome of the polls.
“The error committed by the commissioner cannot void the declaration,” said Ghana’s Chief Justice Kwasi Anin-Yeboah in his ruling.
The court maintained that the declaration of the results was therefore legal.
According to the electoral commission President Akufo-Addo garnered 51.59% of the votes while Mr. Mahama got 47.37%.
Mr. Mahama’s case was criticized by observers for not providing compelling evidence.
This was again affirmed by the court which found the petition’s allegations of irregularities to be lacking substance.
“The court expected the pink sheets to be exhibited to prove the claims. Allegations of wrong aggregations of votes were not proved,” said the Chief Justice.
Mr. Mahama’s case was considered so weak by the two respondents, President Akufo-Addo and the electoral commission, that they declined to defend themselves whilst remaining confident of victory.
The former President’s lawyers had wished to subpoena the head of the electoral commission, Jean Mensa, for cross-examination but were prevented from doing so by the court.
Reacting to the verdict, which he said he disagreed with, Mr. Mahama was critical of the Supreme Court’s decision not to allow the cross-examination.
“Whatever the reasons for not allowing Mrs. Mensa to testify or answer questions, it leaves an embarrassing stain not only on our justice delivery system but also our nation’s electoral system,” he said.
“Everything was done in this trial to prevent the Commission from accounting to people in whose name they hold office,” added the former President.
Despite the misgivings, Mr. Mahama said his side will abide by the ruling.
“We will be law-abiding and do nothing to compromise the stability of the country.”
In every election year, concerns are raised as to whether Ghanaians vote along ethnic lines for the two main political parties (the National Democratic Congress and the New Patriotic Party) or if they are influenced by development and policy concerns.
Historically, general data points towards the former. The ethnic strongholds of the left-leaning NDC remain the Volta Region and Northern parts of Ghana, which it wins easily during polls. The much denser Ashanti and Eastern regions of Ghana always turn out for the NPP.
Regions like the Greater Accra Region, where I reside, are less homogeneous and are certain to play the role of kingmakers. No president has won power without winning the Greater Accra Region, which has the highest voter population with 3,529,181 out of the total of 17,029,971.
With funding support from USAID/Ghana, the Centre for Democratic Development (CDD-Ghana) conducted a pre-election survey to gauge the most pressing concerns of citizens. I looked to document the reflection of these findings in the Greater Accra Region of Ghana with photographs over the past year.
From the sample size, 51 percent of the electorate noted concerns with infrastructure development. This is normally a facsimile for roads, which are known to be below standard in most residential parts of Accra.
The government all but socially engineered citizen expectations by declaring 2020 the “year of roads” in a bid to boost infrastructure in that sector. It has been pointing to high profile projects as evidence of infrastructure successes.
The marquee project in the region is the $94 million Pokuase interchange which the government expects to be the biggest in West Africa. A major win for the government has also been the progress on the 7.5 km LEKMA road which has made commutes easier for many road users.
But what has remained an infrastructure concern for decades remains the poor drainage network in Accra that has led to perennial flooding in urban areas, sometimes at the cost of lives.
But the drainage system is generally in the shadow of calls for better roads.
There is some overlap with the first concern of infrastructure and the second concern of unemployment (46 percent raised this issue) as road projects mean jobs in project areas.
Credible employment figures are hard to come by and whilst the state makes unverified claims about jobs created, there is no denying that the Coronavirus pandemic crippled many businesses. Before the pandemic, the state claimed it had created 2,204,397 jobs.
It is worth noting that Ghana’s economy is largely informal. The Ghana Statistical Service estimates that 86.1 percent of all employment is found in the informal economy; 90.9 percent of women and 81 percent of men.
Fifth on the list of concerns was the management of the economy (20 percent) which also has a bearing on job creation.
The third most prominent issue for Ghanaians ahead of the polls was education (28 percent).
Whilst the Akufo-Addo administration has been praised for ensuring free-secondary education free, again the Coronavirus pandemic has left most children out of school for almost nine months.
This is expected to deepen inequality and entrench the learning crisis.
In a year defined by a pandemic, it is also no surprise that health is on this list.
Ghana has seen 323 deaths from the Coronavirus pandemic which is relatively low and most of the questions asked have been about the reduced testing by the state and the lack of significant support for the sciences to safeguard against future pandemics.
The pandemic may also have distracted from other pressing issues in the health space.
There was no mention of sanitation in the survey probably because such conditions have improved greatly because of the pandemic.
It is worth noting that the bar was incredibly low in Accra the President continues to be mocked for his failed promise to make Accra the cleanest city in Africa.
But the lack of access to good clean water undoubtedly translates to an increased threat for diseases like cholera.
An election cycle has once again put Ghana’s democratic credentials under the spotlight as the main opposition party has questioned the commitment of the electoral management body to ensuring free and fair polls in December.
These concerns have compelled the opposition leader, John Mahama, to appeal to the international community and election observers “to focus their lenses on Ghana and arrive earlier in-country than ever before.”
He fears there is the “likelihood of continued greater challenges ahead of the election.”
Mr. Mahama, a former President, suspended his campaign tour to voice his concerns at a virtual press conference on Thursday, September 24.
His National Democratic Congress (NDC) has complained that the electoral process has been plagued with irregularities, the latest of which is the purported deletion of the names of registered voters in opposition strongholds.
“It is deeply troubling that the ongoing exhibition of the voters’ register has revealed significant omissions and in some other cases the deletion of the names of registered voters on a wide scale,” Mr. Mahama said.
The NDC has also consistently accused Ghana’s Electoral Commission of colluding with President Akufo-Addo and his New Patriotic Party (NPP) government to rig the 2020 general elections.
Mr. Mahama maintains that the controversial voter registration exercise in June and July was “characterized by bigotry and exclusion” perpetrated by the state security apparatus “which is now filled with vigilante elements loyal to the ruling NPP.”
Of concern to some observers will be Mr. Mahama’s continued insistence that he and his party “will not accept the result of a flawed election.”
The Electoral Commission has, however, denied the claims made against it by the opposition.
As far as it is concerned, its management of the electoral roll has been without blemish.
In a statement the commission released the night before Mr. Mahama spoke, it went on the defensive saying the opposition’s “allegations are unfounded.”
The commission remains confident that it “will bequeath the nation with a Register that reflects truth and integrity, a Register that is credible and comprises eligible Ghanaians only.”
Friction between the opposition party and Electoral Commission are almost rites of passage in a typical election year. Ghana’s eighth straight election since the last military government has been no different.
These frictions normally revolve around contentions over the credibility of the voter register.
Ahead of the 2016 election, President Akufo-Addo’s NPP, then an opposition party, called for the compilation of a new voter register, describing the existing one as lacking credibility because it allegedly contained foreigners.
Current Vice President Mahamadu Bawumia famously alleged at the time that there were more than 76,000 Togolese nationals illegally registered in Ghana to vote.
Now in power, the governing NPP maintains that Ghana is on the path to free and fair polls despite all the allegations.
A day before Mr. Mahama and the NDC conveyed their anxieties to the international community, President Akufo-Addo had used his address to the UN General Assembly to assure the world that Ghana’s election “will be transparent, free, fair, safe and credible.”
With the eyes of the world on him, President Akufo-Addo said he was looking forward to the December polls “passing off peacefully, with characteristic Ghanaian dignity.”
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