The SC cannot uphold a declaration and enactment EC itself admits is wrong- Sammy Gyamfi

The National Communication Officer of the opposition NDC, Lawyer Sammy Gyamfi has stated that, the Supreme Court cannot uphold a declaration and enactment the Electoral Commission itself admits is wrong and unconstitutional.According to the Sammy Gyamfi, the case of the Petitioner is simply that; Candidate Akufo-Addo did not attain more than 50% of total valid votes per the information contained in the 9th December, 2020 results declaration of Jean Mensah.To him, the Second Respondent attained 49.625% and not the 51.595% the EC allocated him. According to Sammy Gyamfi, the EC admited that the 9th December declaration is wrong and that Akufo-Addo did not attain more than 50% of total valid votes per that declaration.”This wrong and unconstitutional declaration is what has been enacted into CI 135 and gazetted in accordance with article 63(9).” He further revealed that, till date, no true and proper correction has been made to this wrong and unconstitutional declaration and enactment by the EC.”The EC has even abandoned the so-called correction they published on their website on 10th December in their answer and have introduced new figures which keep changing without any plausible explanation or justification.”But even assuming without admitting that the EC has even made a true and proper correction of the errors in the 9th December declaration in accordance with law, the question is, has Jean Mensah revoked, revised or amended CI 135, which per article 63(9) is the prima facie evidence of Akufo-Addo’s election? The answer is a big NO.”As we speak, there has been only one declaration, enactment and gazette of the 2020 Presidential election. This is the 9th December declaration, the EC’s itself agrees is in error. No subsequent so-called correction has been declared or enacted or gazetted.The faulty declaration and enactment have neither been revised nor revoked”.Hence our case is that, the 9th December declaration and enactment of same (CI135) are unconstitutional, and null and void ab initio.

Written by Talks Ghana Media

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