Good afternoon ladies and gentlemen,
Earlier today, the Supreme Court of Ghana delivered its verdict on
a petition we filed against the declaration made on the evening of 9th December
2020 by the Chairperson of the Electoral Commission of Ghana, Mrs. Jean Mensa,
on the Presidential Elections of December 7, 2020.
My brothers and sisters, I did
not take the decision to go to court lightly. In fact, many were those who
expressed misgivings about my decision, not because we did not have a strong
case, but because of the times we live in.
I still believe that no matter
the circumstances, it was the right thing to do. It is gratifying that the
court’s proceedings were broadcast live. Ghanaians followed the hearings
diligently. They understood what was happening even if the legal terminologies
were not always easy to grasp.
Even though the petition to the
Supreme Court stood in my name, it nonetheless represented the desire of an
overwhelming number of Ghanaians, anxious for answers from the Chairperson of
the Electoral Commission as the Returning Officer of the December 2020
Presidential Election.
Ghanaians were hoping to hear
her testify and many are still baffled by the refusal of Mrs. Jean Mensa to be
held to account by testifying in this case – unfortunately, with the unanimous
agreement of the justices of the Supreme Court of Ghana. This vital part of the
process to establish the truth and hold Mrs. Jean Mensa accountable was blocked
time and again by a protective cordon and firewall that I am sure have
confounded many Ghanaians.
The refusal of the Chairperson
is in sharp contrast to the readiness with which Dr. Kwadwo Afari Gyan, then
Chairman of the Electoral Commission willingly testified in the 2013 Election
petition filed by then candidate Nana Akufo-Addo of the NPP.
Speaking as a Ghanaian, with no legal training, I believe
that the refusal of the Electoral Commission Chairperson to testify in this
election petition, leaves a bad precedent for the future. I disagree with the
suggestion of our Justices that an election petition is akin to any other civil
litigation and therefore an EC Chairperson, whose functions go to the heart of
our democracy, can by a legal sleight of hand avoid accounting for her
stewardship in an appropriate forum such as the highest court of the land.
Our legal team, led by Mr.
Tsatsu Tsikata, put together our case in a clear manner, which left no one in
doubt about what the issues were. Apart from seeking to ensure compliance with
the constitution and for the true choice of the people of Ghana to be
respected, the Petition sought to provide opportunity for transparency and
accountability in the management of our electoral processes. But no one who followed
the proceedings in the Supreme Court will be surprised with the judgement
pronounced some hours ago.
Much as I am aware that we are
legally bound by the decision of the Supreme Court, I disagree with the process
of trial and ruling of the court.
Ladies and Gentlemen, our 1992
Constitution says very directly in Article 125 Section 1 that: “Justice
emanates from the people and shall be administered in the name of the Republic
by the Judiciary, which shall be independent and subject only to this constitution.”
I believe that the law should
not be an instrument for partisan purposes. I also believe that the rule of law
should mean one rule for all. What anchors the rule of law is equality and
fairness to all, irrespective of creed, background, or political coloration.
Justice, we must remember, is rooted in moral foundations.
Ghanaians will always remember
that moment when my lead counsel, Mr. Tsatsu Tsikata, quoted from the Holy
Bible urging the Justices of the Supreme Court to be faithful to their Judicial
Oath and their conscience, only for the lawyer representing Nana Akufo-Addo,
the 2nd Respondent, to argue for the exclusion of God in the matter. Yet, in
the courts of Ghana, we swear on the Bible or the Cross, as we also do with the
Holy Koran, to speak the truth and nothing but the truth.
Ghanaians will also remember
this 2021 Election Petition for that profound moment when the Chairperson of
the Electoral Commission opted to evade public scrutiny. Everything was done in
this trial to prevent the Commission from accounting to the people in whose
name they hold office.
Requests for Interrogatories
were dismissed. A request to inspect documents in the possession of the
Commission was turned down. The request for admission of facts was ignored.
Worse still, she was aided by
her counsel and the court to avoid explaining to the good people of Ghana from
her own testimony, under oath in a properly constituted court of law, the
errors she herself admits to have committed in the declaration of the 2020
Presidential election results.
This is a clear stab in the
heart of transparency and accountability to the sovereign people of Ghana.
Whatever the reasons for not allowing Mrs. Jean Mensa to testify or answer any
questions, it leaves an embarrassing stain, not only on our justice delivery
system but also, on the nation’s electoral system, which has deepened the grave
doubts harboured by many Ghanaians about the true outcome of the December 2020
Presidential Election.
The motto of Ghana’s Electoral
Commission is Transparency, Fairness and Integrity – principles the key actors
clearly failed to live up to on this occasion. The refusal to account to
Ghanaians, further, sets the worrying precedent – and I do really worry about
this dangerous precedent – that may allow other heads of state institutions to
adopt an approach of opacity and non-accountability in their work.
Just because they can rely on
unconvincing interpretations of our laws to shield them from scrutiny in the
near future. I hope and pray that time will prove me wrong.
There is a famous legal maxim
brought into common use by Lord Chief Justice Hewart in 1924, that “Justice
must not only be done but should manifestly and undoubtedly seen to be done”.
While judgement was given in
this petition, it cannot be said by many to have been seen to be done by the
constant unanimous strictures placed on the petitioner in laying out his case.
I have followed the proceedings
of this petition and listened to the testimony of our General Secretary Johnson
Asiedu Nketiah from beginning to end. I am quite alarmed at the mutilation of
his testimony in the Supreme Court ruling.
Indeed, the ruling I heard
today, virtually makes him the star witness of the 1st and 2nd Respondents.
Many answers of his testimony in cross examination were taken out of context to
create the basis for the dismissal of our election petition.
Ladies and Gentlemen, this case
will go into the Ghana Law Reports for the future, and academics and students
of law alike will clearly find befuddling, the internal contradictions in our
jurisprudence. At the appropriate time, the legal team will come out with
detailed comments on the judgment.
The Supreme Court has given its
verdict, but the national debate on the dismal state of our democracy and the
increasing weakness of its institutions has only just begun. It is time we all
come together to confront those who seek to destroy the very democratic system
that brought them into office. It is our patriotic duty to do so.
Ladies and Gentlemen, it bears
reiterating that our grievances with the conduct of the 2020 elections was not
limited to just the Presidential elections. Doubts about the Commission’s
commitment to fairness and transparency have lingered much longer than the
duration of this Petition.
The doubts have attended their
every action, and rightly so, because of their posturing and sometimes
duplicitous conduct. As I have alluded to in the past, the current leadership
of the Commission, was installed after the politically motivated removal of the
previous leadership. Since then, every step they have taken has appeared to be
calculated at ensuring the retention of the appointing authority in power.
Aside from the compilation of a
new voter register in the midst of a pandemic, one that many Civil Society
Organisations, political and governance experts insist was more
procurement-induced than need-based, the time-tested process of consultation
and dialogue among stakeholders through the Inter Party Advisory Committee
(IPAC) was supplanted by unilateralism. This has not boded well for harmonious
relations with stakeholders.
Compared to the two previous
leaderships of the Commission, what we have now does not meet even the minimum
requirements of neutrality and non-partisanship that are essential for consolidating
our democracy. The much-touted independence of the Electoral Commission exists
only in name now. This should give all Ghanaians cause to worry.
Today, we still have as a member
of the Commission, someone who publicly stated that the political party, which
I led into the December 2020 election is an existential threat to Ghana’s
democracy. And yet that same member presided over an election in which the same
political party participated.
In the Parliamentary elections,
the NDC won majority of seats. However, through devious manipulation by
officials of the Electoral Commission, a number of these seats were illegally
declared for the NPP.
In some instances, the
manipulation was so glaring and brazen that simple intervention by the
leadership of the Electoral Commission as has been done by previous
Commissioners could have addressed the issues and righted the wrongs to make
court actions completely unnecessary.
Therefore, it is not surprising
that International Election Observers captured collation and tallying of
results as one of the challenges of our 2020 elections. The posture and
approach of this current Electoral Commission does not inspire the confidence
needed to preside over any transparent, free and fair election.
They have absolutely no reason to
remain in office. This is because the Electoral Commission must remain a
neutral arbiter and the organizer of elections. They must not hold a vested
interest in the dubious victory of one party over another.
The loyalty of the Electoral
Commission must be to the people of Ghana and the Constitution from which it
derives its mandate, and not the President or party under whose tenure the
leadership is appointed. Immediate reforms, reflecting the long-standing image
and reputation of our Electoral Commission as one of the finest and most
credible on the continent and indeed the world, must be one of the focuses of
public advocacy, if future elections are to be devoid of needless tensions and
anxiety.
My brothers and sisters, we
cannot forget the burning issue of the deliberate exclusion of the good people
of Santrokofi, Akpafu, Likpe and Lolobi (SALL) from the Parliamentary election
of 2020. This constitutes perhaps, the gravest injustice of the 2020 elections.
It can easily fit into the worst forms of electoral trickery ever witnessed in
our nation’s history.
Despite the shenanigans employed
by the conspirators in this issue, it is abundantly clear that the rights of
the people of SALL to vote, was intentionally violated as part of a move to
ensure the predetermined election outcome of a particular Parliamentary
constituency. This represents unparalleled abuse of power by both the
government and its handmaiden, the Electoral Commission, to influence the
outcome of the Parliamentary election in Hohoe.
It is even more staggering that
no one has stepped forward to take responsibility for this unjustifiable action
nor indicated any clear remedy for the harm caused. We cannot as a people
countenance this kind of gerrymandering and chicanery in our politics. We must with
one accord, demand immediate resolution of the impasse in the SALL area and
take urgent steps to afford the people their right to vote and be represented.
My brothers and sisters, we
entered the 2020 elections against an incumbent that was determined to abuse
power and misuse state resources and institutions to achieve electoral victory.
The run- up to the election and some of the processes involved were
characterized by intimidation and harassment from state security agents and
others loyal to the current regime.
Selective deployment of military
personnel was used as a tool to instil fear in some of our citizens to dissuade
them from taking part in the voter registration and other processes. Others
were
falsely branded as foreigners
and their citizenship called into question unjustly – an abhorrent
nation-wrecking prejudice which has been directed especially against certain
ethic groups of this country and has continued till date and has even recently
been visited crudely on the Auditor General, Daniel Yaw Domelevo.
In the last election,
unprecedented levels of state funds and resources were doled out by the ruling
party, and unprovoked, deadly violence inflicted on our citizens in several
cases. In the process, eight of our compatriots were murdered in cold blood and
several others maimed during the process of the elections.
We have designated these
compatriots, whose blood was shed just because they sought to participate in
what was a purely civil exercise as “MARTYRS OF DEMOCRACY” to whom we shall
dedicate an appropriate monument when the time comes.
I hope we can count on all
well-meaning Ghanaians to support our efforts to bring the perpetrators of
these murders to justice. Never must a government be allowed to turn the simple
process of an election into a bloodbath. Never must impunity of this magnitude
be allowed to fester in our democracy.
Our independence and the current
democracy we enjoy were fought for and attained through the sacrifice and blood
of our founding fathers, mothers and our compatriots. Never must we accept
convenience over principle.
I take this opportunity to
express my deep-seated appreciation to our lawyers, led by the colossus of a
legal mind, Tsatsu Tsikata, for a valiant fight, which has won the admiration
of many. Against considerable odds, they persisted and drove home our point in
a manner that convinced all fair- minded observers about the just cause we had
embarked on.
I express similar gratitude to
all who played diverse roles in putting our case together. I salute our three
key witnesses – our General Secretary, Johnson Asiedu Nketia, Dr. Michael
Kpessah Whyte and Rojo Mettle-Nunoo for helping to unravel a part of the untold
story of the flawed 2020 elections.
I also wish to place on record
that the service rendered to me by my legal team in this petition was gratis –
free. We may not have been successful. But your hard work and sacrifice will
not go unheralded when the full story is told.
I am very much aware that there
are millions watching and listening to me who are disappointed at the outcome
of this case. For those millions, like myself, who held out hope that our
democracy would be advanced by the process and outcome of this petition, you
must be disappointed.
But I encourage you to hold your
heads up high and channel your disappointment into hard work that will ensure
that, come next election, we will achieve a truly transparent and fair
election, which we all as Ghanaians can be proud of.
To all my compatriots and
supporters, we may have lost the temporary battle of the 2020 election and the
Petition that followed, but the larger struggle to create a society that lives
up to our national motto of freedom and justice still rages on. It is a
struggle, which requires even more
commitment than before, and it
is one that we will not shirk from until our patriotic aim is achieved.
To the millions of NDC
supporters who have stood by me, my running mate, Professor Naana Jane Opoku
Agyemang, our National Chairman, General Secretary, Campaign Chairman, FEC,
NEC, Parliamentary Candidates, Sponsors and all activists and supporters who
gave their all in the hope that we will win and form the next government to
save our nation and meet your aspirations, do not despair at this outcome. I
repeat. Do not despair! Never, ever lose hope.
We achieved an impressive
showing in the last election, and despite the intimidation, obscene abuse of
incumbency advantage and the massive use of funds and resources we can be proud
that we gave it our best. Our have become stepping-stones on which the NDC can
build to secure victory in the next elections.
The NDC will survive and grow
from strength to strength. The sun may have set on our hopes for the just ended
election today, but it will rise tomorrow and illuminate our path to a better
outcome next time around.
To the Council of Elders,
members of the National Executive Committee of the NDC, the Functional
Executive Committee, the Election 2020 Campaign team, my Staff, party
executives at all levels, volunteers, polling agents and all who played roles
in our campaign, no matter how small, I thank you from the bottom of my heart.
The NDC will always remain the
party of the people. The party was established to empower the people of Ghana
to be architects of our own destiny. We blazed the trail for participatory
democracy. And I am confident that out of the ashes of this legal setback, we
will mobilize and rekindle the struggle for a better democratic Ghana.
We will be law abiding and do
nothing to compromise the stability of the country. We will however continue to
be the voice of the voiceless and will not be distracted demanding justice and
fairness at all times. Neither will we surrender or fail to champion the rights
of all our people to enjoy the fundamental freedoms guaranteed under our
constitution.
To the over six million
Ghanaians who entrusted me with their votes, I cannot thank you enough for this
honour. I value your votes so much. It reflects the confidence you have in the
ideology, the ethos and importantly the 2020 Peoples’ Manifesto of the NDC. We
have proven to be the most viable path to rapid socio-economic development.
I can assure you that even
though this was not the outcome we expected, I am sure your votes will spur us
on to victory in the future elections.
I also wish to acknowledge and
commend the courage and commitment of Civil Society Organisations, journalists
and individuals who have dedicated their lives to speak truth to power
irrespective of which party sits at the Flagstaff House.
Whiles in office, my
administration tolerated your views even when we disagreed. We did not hound
your souls. In similar vein, we encourage you to continue to hold all
governments accountable as you have done in the past for it is your right to do
so.
My brothers and sisters, I have
had a relatively long and fulfilling journey of public life and service during
which I have had the privilege to serve in various capacities. I have had my
ups and downs like all humans, but I have at all times promoted unity and
inclusion and not division; and I have always placed the interest and
well-being of Ghana first. I will continue to do same even at this moment and
beyond.
We have only one nation, Ghana,
and we must work together to ensure progress and growth of our dear nation. We
can only do this, if we ensure equality, freedom and justice for all our
citizens.
Long Live the NDC! Long Live
Ghana!
I thank you all for your
attention. May God bless our homeland Ghana.
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