Election petition: nothing prevents Akufo-Addo from being sworn in – Samson Lardy Anyenini

Legal expert Samson Lardy Anyenini said the National Democratic Congress (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, National Democratic Congress (NDC) flag bearer John Mahama formally filed a petition to the Supreme Court to challenge the results of the 2020 general election on the grounds that the declaration of the results “is unconstitutional, void and null and void and without any effect ”.

As part of the remedies sought from the court, Mr. Mahama seeks “an order quashing the declaration of the President-elect’s instrument, 2020 (CI 135)” and another “injunction order preventing the 2nd defendant (Nana Akufo-Addo) to stand as elected president ”.

However, in view of the presidential swearing-in ceremony held by the Constitution on January 7, Anyenini said President-elect Akufo-Addo will still be sworn in as president despite the petition.

“As we know from the 2013 petition, a president must take an oath. They have to do their job. Yes [the NDC] is able to make their case and they win, so they (the Supreme Court) will issue the necessary orders to reverse the situation ”.

However, he added that unless the NDC “files a request to prevent the president from being sworn in, which is an impossibility, on purpose, [as it] is written into the Constitution, it is almost impossible to do anything about it ”.

Explaining the legal process for the petition, which is expected to span a period of 42 days from its first hearing, the lawyer noted that “according to the schedule of the [court] rules, the case should end at the beginning of March 2020 ”.

He added, however, that if the EC’s request for cancellation of the instrument of declaration (CI 135 of 9 December) is granted “then there is no elected president”.