In a matter of weeks, if not days, the Supreme Court will opine on the validity of the election of John Mahama as the President of Ghana, as it is empowered to do under the Constitution. The Court’s opinion will be last word on the outcome of the December 2012 elections; is binding on all parties to the election dispute and must be accepted by everyone in the country. What can the Court say and how should the parties react? To appreciate what the Court can say, one must revisit the reliefs sought by the petitioners and the issues inherent in addressing those reliefs. The petitioner sought two specific declaratory reliefs: (i) that John Mahama was not validly elected President of the Republic of Ghana; (ii) that Nana Akufo Addo rather was validly elected President of the Republic of Ghana; and any consequential orders as the Court may seem fit. To adress these reliefs, the Court must address three issues sequentially. First, the Court must decide whether there were irregularities, malpractices, omissions and statutory violations (IMOV) in the conduct of the elections as well as the counting and collation of the ballots. Second, if the Court finds IMOV, it must next determine whether they were of such magnitude as to invalidate the declaration of John Mahama as the President of the country. Third, if the Court finds that John Mahama was not validly elected, it must determine whether Nana Addo was validly elected. Based on answers to these three questions, the Court then issues consequential orders, which may take the form of: a. John Mahama was validly elected, either because there were no IMOV or if there were they were not outcome-altering. b. John Mahama was not validly elected. Rather, Nana Akufo-Addo was validly elected. This outcome will suggest that the Court found evidence of IMOV and after eliminating those IMOV, Nana Addo emerges as President because he obtains the necessary 50%+1 votes. The consequential orders will include a direction to the President and Vice President to immediately vacate their offices and for the Chief Justice to swear in Nana Addo and Mahamadu Bawumia as President and Vice-President respectively. c. John Mahama was not validly elected. However, no candidate procured the necessary 50%+1. The consequential orders will include a direction to the Electoral Commission to put an election-runoff machinery in place within a specified reasonable time. Further, the Court will order the President and Vice President to immediately vacate their offices and direct the Speaker of Parliament to act as President until such time that a new President has been elected. If outcome (a) is handed down by the Court, Nana Addo should immediately call President Mahama to concede, to congratulate him for his victory and to pledge his support. President Mahama should probably invite Nana Addo to the Flagstaff house the next day. If outcome (b) is handed down by the Court, the role should be reversed. In that case, John Mahama should immediately call President Nana Addo to concede, to congratulate him for his victory and to pledge his support. President Akufo Addo should probably invite John Mahama to his residence the next day. If outcome (c) is announced, no concessions are necessary but perhaps both men should appear at a neutral scene, and pledge to run a peaceful runoff campaign. Unlike most people, I have ample faith in the goodness of my fellow citizens and I expect everyone to remain calm, peaceful and law-abiding as we sail the turbulent constitutional waters. What Should we do when the Court Speaks???? We need peace in our country, there is only one country for us and it call GHANA no where else..... LONG LIVE GHANA......LONG LIVE EVERY ONE
Posted on: Fri, 19 Jul 2013 14:36:57 +0000
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