Contrary to arguments that the Electoral Commission (EC) cannot make another declaration that Nana Addo Dankwa Akufo-Addo is President-elect, a private legal practitioner, Eliplim Lorlormava Agbemava, has stated otherwise.
The lawyer argues that per the law if it turns out that EC made a mistake in its declaration, it is mandated to rectify it and make another declaration.
“…if the EC after an independent audit finds that its first declaration was erroneous, nothing prevents it from making a fresh declaration that will reflect the will of the people of Ghana,” he wrote.
The EC barely 24 hours after its declaration corrected the total valid votes put out during the declaration of results on December 9.
EC Chairperson, Jean Mensa declared the presidential candidate of the New Patriotic Party (NPP) Nana Akufo-Addo as the President-elect based on a total of 13,433,573 valid votes instead of 13,119,460.
In a statement Thursday, she explained that the initial figure (13,433,573) used led to her declaration of 6,730, 587 for the NPP which is 51.302%.
Some have argued that the admission of error nullifies the declaration hence they should make a new declaration.
Joining such a group of persons is the lawyer who believes the EC can make another declaration following the admission of error.
Read his full write up below.
Can the EC make a second declaration?
The Electoral Commission on Wednesday 9th December made a delta declaration of the winner of the presidential election. However, was that the final legal act of the Electoral Commission? Some have also opined that once the Electoral Commission made its declaration on the 9th December, 2020 it cannot recant and make a second declaration in favour of another candidate if it is proven on the balance of probabilities that the first declaration was not perfect.
We all admit that the figures churned out by the EC chairperson have been fraught with irregularities and mathematical inaccuracies which are not lending themselves to any remedy.
So what is the law? The constitution in Article 63(9) provides some indication and a way out of the conundrum the EC has put everybody in.
It provides that an instrument which is executed under the hand of the Chairman of the Electoral Commission and under the seal of the Commission and states that the person named in the instrument was declared elected as the President of Ghana at the election of the President, shall be prima facie evidence that the person named was so elected.
The EC has not as yet executed this instrument specified in article 63(9). It is humbly submitted that even if it has been executed, it is only a prima facie evidence that the person named in the instrument won the elections. Prima facie facts are rebuttable presumptions that can be challenged with cogent and irrefutable facts.
It the circumstances if the EC after an independent audit finds that its first declaration was erroneous, nothing prevents it from making a fresh declaration that will reflect the will of the people of Ghana. GOD BLESS OUR HOMELAND GHANA.
Source: rainbowradioonline.com
