Akufo-addo and Others Vrs Mahama and Others [2013] GHASC 3 (29 August 2013)

Akufo-addo and Others Vrs Mahama and Others [2013] GHASC 3 (29 August 2013)

The majority held that while some violations and irregularities occurred, including administrative errors and omissions, the petitioners failed to prove that these materially affected the outcome of the election. The right to vote is fundamental and should not be defeated by technical or administrative lapses not attributable to voters. The election was conducted substantially in accordance with the law and reflected the will of the people. Therefore, the petition was dismissed and the declaration of John Dramani Mahama as President was upheld.

Citation
[2013] GHASC 3
Parties
1st Petitioner: Nana Addo Dankwa Akufo-Addo; 2nd Petitioner: Dr. Mahamudu Bawumia; 3rd Petitioner: Jake Otanka Obetsebi-Lamptey; 1st Respondent: John Dramani Mahama; 2nd Respondent: Electoral Commission; 3rd Respondent: National Democratic Congress (NDC)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 August 2013
Procedural Posture
Presidential Election Petition / Judgment
Outcome
Petition dismissed. John Dramani Mahama's election as President upheld.
Legal Topics
Presidential Election, Electoral Irregularities, Burden of Proof, Annulment of Votes, Biometric Verification, Over Voting, Role of Polling Agents, Constitutional Interpretation
Source Language
English
Constitutional Law Election Law Administrative Law Presidential Election Electoral Irregularities Burden of Proof Annulment of Votes Biometric Verification +3 more

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Parties

Nana Addo Dankwa Akufo-Addo

1st Petitioner

Dr. Mahamudu Bawumia

2nd Petitioner

Jake Otanka Obetsebi-Lamptey

3rd Petitioner

John Dramani Mahama

1st Respondent

Electoral Commission

2nd Respondent

National Democratic Congress (NDC)

3rd Respondent

Procedural Posture

Presidential Election Petition / Judgment

Legal Issues

  1. 1 Whether there were violations, omissions, malpractices, and irregularities in the conduct of the 2012 presidential election.
  2. 2 Whether such violations, omissions, malpractices, and irregularities, if any, affected the results of the election.

Ratio Decidendi

The majority held that while some violations and irregularities occurred, including administrative errors and omissions, the petitioners failed to prove that these materially affected the outcome of the election. The right to vote is fundamental and should not be defeated by technical or administrative lapses not attributable to voters. The election was conducted substantially in accordance with the law and reflected the will of the people. Therefore, the petition was dismissed and the declaration of John Dramani Mahama as President was upheld.

Court Disposition

Petition dismissed. John Dramani Mahama's election as President upheld.

Orders

  • Petition dismissed.
  • No annulment of presidential election results.