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Friday 29 March 2013

The case of Ghana's 'forgotten' presidential petition


By FRANCIS KOKUTSE in Accra | Friday, March 29   2013 

Either those who drafted Ghana’s 1992 Constitution did not have the foresight or they did not imagine that the country would find itself in its current situation.
The main opposition New Patriotic Party’s (NPP) has challenged before the Supreme Court the December 2012 election of President John Mahama, who was sworn in on January 7.
But the law provides no definite time line for the resolution of a petition challenging a presidential election, leaving the west African country in a sort of unstated limbo, unlike, say Kenya, which has a definite resolution period of under a month.
For now, everything on the surface seems okay, but the country’s political future looks to be gloomy in the wake of any ruling the Supreme Court gives on the petition.


Ghana chief justice Georgina Wood (right) watches as President John Mahama raises the staff of office after swearing an oath at the Independence Square, Accra on January 7. 2013. Mr Mahama was sworn-in into office despite a court challenge by the main opposition New Patriotic party, citing alleged voting fraud. FILE | NATION MEDIA GROUP


With either set of supporters of the NPP or the ruling National Democratic Congress (NDC) likely to be disappointed, little has been done to prepare the country for the aftermath.
President Mahama is preparing to mark his first 100 days in office, while the leadership and supporters of the NPP continue to live in hope that the court will give a ruling that changes the status quo and bring to power their leader, Mr Nana Addo Dankwa Akufo-Addo.
Mr Akufo-Addo, the son of a former president, is one of the three people who have petitioned the election results, even as positions continue to harden.
Some leading members of the ruling NDC have told Africa Review that "it is an illusion for those within the NPP to think that President Mahama will leave the seat of government. That will be a joke of the century.”



Supporters of the opposition New Patriotic Party (NPP) protest against the results of the presidential election in Accra on December 9, 2012. FILE


They would not however go on record because of fear that they could be cited for inciting.
Similarly, the NPP leadership continues to convince their members that their petition has merit and as such, the Supreme Court is going to give a ruling in favour of the party.
In February, NPP deputy director of communications, Mr Yaw Buaben-Asamoah, told a rally that, “by Easter, the good news you should expect to hear is that Nana Addo Dankwa Akufo-Addo is Ghana’s truly elected President.”
Other leading NPP members have also been saying similar things all over the country as they seek to keep their supporters galvanised.
For the NPP’s rank and file, they dream of a situation where the Supreme Court will reverse the results and declare Mr Akufo-Addo President. Mr Jonas Abbiw, who claims he worked for the NPP during the campaign said, “President Mahama is just warming up the chairs in the presidency for the real winner Nana Akufo-Addo to come and take over.
"There is so much incompetence all over the place and we want the change sooner than later.”
The NDC sentiment is better expressed by Mrs Adwoa Boateng, a trader in Accra; “our leaders have remained silent because they do not want to be seen as creating the conditions for political trouble. What l can tell you is that, the Supreme Court will not dare to change the situation we have now. President Mahama is the elected President and no court ruling can change that.”
There are also reports that NPP officials have refused to confirm that they have sent an emissary around western Europe to explain the party’s position on why they are fighting the election results in the courts.
"What we have heard so far is that, the country’s partners do not support our cause and think that our position is just sour grapes,” one official told Africa Review.

Presidential candidate of the opposition New Patriotic Party Nana Akufo-Addo (C) speaks to a crowd of supporters at a rally in Accra on December 11, 2012. FILE

The NPP however seems to be bolstered by some hiccups in the economy since President Mahama took over. Petroleum subsidies have been removed forcing a rise in fuel prices, while the Ghana Water Company has had major problems pumping water. Power supply is also erratic.
In addition, there have been reports of corruption within some state agencies. Officials of the National Youth Employment Programme have been indicted over the payment of huge sums of money to ghost workers, while the Savannah Accelerated Development Authority has also been mentioned in an audit report for spending money on projects that are non-existent.
Despite this, leading members of the ruling party do not seem perturbed. President Mahama has almost completed putting his cabinet in place following approval by parliament, and they have started to work.
He has also met various stakeholders including chiefs and the clergy, all of whom seem to have expressed support for his presidency.
As the clock continues to tick, the Supreme Court says it is considering the various arguments and evidence on the petition, which does not have a time limit within which it should be dealt with, and so no one is sure when the case will be disposed of.
Against this background, and the fact that President Mahama is continuing to consolidate his position, political analysts remain unsure of what would happen once the ruling is finally delivered.
If the Supreme Court endorses the results, the NPP supporters would be unlikely to accept this, and if President Mahama is declared loser, NDC supporters would not countenance a new president taking over.
The other scenario of a possible re-run of the election is likely, but that is also going to create problems.
Thus, the political future of the country is limbo and perhaps, as Mrs Boateng said, “it is only God that can save Ghana from its present predicament caused by poor referring by the Electoral Commission.”
Ghana

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