Lead Counsel of President Nana Addo Dankwa Akufo-Addo in the 2020 Presidential Election Petition, has urged the Electoral Commission (EC) to review election results collation processes.
Anthony Akoto Ampaw said, “I believe that the EC itself and other stakeholders need a closer review of the actual processes and procedures that they took in arriving at the final collation of results in the 2020 Elections to see whether there is the need for some reforms.”
He made this comment in his submission at the Ghana Centre for Democratic Development (CDD Ghana) Roundtable dubbed, “Presidential Election Petitions and their Impact on Africa’s Democracy”.
“I can see quite clearly that there may be some reforms to the CI (Constitutional Instrument) 127. But I am saying that given the issues that were brought before the Court, frankly speaking, the Court had very little opportunity to make any recommendations for reforms.” Mr Akoto Ampaw said.
He noted that if one had a case of this nature before the Highest Court, and the case raised substantial issues of facts, then one could expect that in coming out with a judgement, the Supreme Court apart from making a decision, would make recommendations based on some of the issues of facts that were raised in the cause of trial.
“But honestly, I am of the view that legally speaking, there was no case before the Supreme Court,” he said.
Dr Dominic Akuritinga Ayine, a member of former President John Dramani Mahama’s Legal Team in the 2020 Presidential Election Petition, in a rebuttal, noted that even a Justice of the Supreme Court, who was part of the panel of judges that sat on the case, said there was a reasonable cause of action in the case that was brought before the Court.
Dr Ayine maintained that what Mr Akoto Ampaw said was at variance with the opinion of the Court.
He said the ruling of the apex Court in the 2020 Presidential Election Petition had dampened his faith in the Judiciary.
For his part, Mr Yaw Oppong, another member of President Nana Akufo-Addo’s Legal Team in the 2020 Presidential Election petition, said the ruling of the Supreme Court had strengthened his faith in Ghana’s Judiciary.
The Executive Director of CDD, Professor Henry Kwesi Prempeh, said from the stand point of improving election management, he did not think Ghana had made much progress.
He noted that the Presidential Election petition, put not just the two litigants on trial, but the Judiciary as well because the proceedings were telecast to the whole world.
Prof. Prempeh said, also on trial was the Electoral Commission.
"The Court itself should have at least asked the EC some questions, we missed that opportunity," he said.
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