Legal Practitioner, Samson Lardy Anyenini says the National Democratic Congress’s (NDC) petition to the Supreme Court will not prevent president-elect, Akufo-Addo from being sworn-in as President on January 7.
On December 30, 2020, the flagbearer of the National Democratic Congress’ (NDC), John Mahama, formally filed a petition at the Supreme Court to challenge the results of the 2020 general elections on the grounds that the declaration of the results “is unconstitutional, null and void and of no effect whatsoever”.
As part of the reliefs being sought from the court Mr Mahama is requesting “an order annulling of the declaration of President-Elect instrument, 2020 (C.I 135)” and another “order of injunction restraining the 2nd Respondent (Nana Akufo-Addo) from holding himself out as President-elect”.
However, in view of the Constitutionally bound Presidential swearing-in ceremony on January 7, Mr Anyenini stated that president-elect Akufo-Addo will still be sworn-in as president in spite of the petition.
“As we know from the 2013 petition, a President has to be sworn-in. They have to do their work. If [the NDC] is able to make their case and they win, then they (the Supreme Court) will make the necessary orders to overturn the circumstance”.
However, he added that unless the NDC “files an application to seek to injunct the president from being sworn-in, which is an impossibility, advisedly, [as it] is etched in the Constitution, it is almost impracticable to do anything about it”.
Explaining the legal process for the petition, which is expected to span a 42-day period from its first hearing, the Legal practitioner indicated that “according to the schedule of the [court] rules, the matter should terminate early in March 2020”.
He, however, added that if the request for the annulment of the declaration instrument (C.I. 135 dated December 9th) by the EC is granted “then there is no President-elect”.