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Election 2024: The Judiciary is more dangerous than the EC

For about two weeks now, there has been talk of Minority Leader Hon. Afenyo-Markin seeking interpretation from the Supreme Court regarding Article 97 (1) (g and h) of Ghana’s Constitution. When you explain this to NPP supporters, they often ask whether it pertains to now or the future, as if those terms are explicitly stated in the article.

If a client of Hon. Afenyo-Markin had asked him to explain Article 97 (1) (g and h), would he rush to the Supreme Court for clarification? This should signal to Ghanaians that his trip to the Supreme Court was for reasons other than genuine interpretation. The actions of the Minority Leader have led the Supreme Court to appear as a partisan entity aligned with the NPP, and now Parliament is shut down.

The NDC has announced that they will not seek legal recourse after the 2024 elections, asserting that any discrepancies will be settled at the polling stations, with results declared before everyone goes home. The pressing question is: what if the NPP decides to take legal action instead?

The Chief Justice has stated that political parties and stakeholders must adhere strictly to procedures, warning of consequences for noncompliance. This is a significant red flag. How can the NDC, or anyone else, ensure that the EC adheres to these strict procedures? Clearly, the Chief Justice may be looking for ways to create unnecessary conflict in December.

Here’s what I predict will happen: Before December 10, the EC is likely to announce that John Mahama is the President-elect and that the NDC holds a majority in Parliament. An NPP member, claiming to be a concerned citizen, will rush to the Supreme Court to contest the EC’s adherence to these “strict procedures.” Within hours, the Supreme Court may order the EC to stay its announcement until the substantive case is heard, rendering the EC’s declaration moot.

The Supreme Court may seek to achieve two outcomes: either overturn the will of the people through convoluted legal maneuvers or allow the NPP to manipulate the figures in collaboration with the EC to produce new results. To counter this potential turmoil, the NDC must aim for a decisive victory on December 7. However, this is not guaranteed. We must not underestimate the NPP, whose leader, Nana Addo, seems unfamiliar with the law. Complacency is not an option; we must remain vigilant.

The NDC should operate under the assumption that we will win narrowly, prompting us to work even harder for a substantial victory. This is the only way to circumvent the Chief Justice’s “strictly procedure” rhetoric. I am just the messenger.

Vote for Number 8, and vote for the Umbrella. Aba no, Mahama afa.

Dr. Lawrence writes

Dr. Lawrence is the Founder of the Diaspora Progressive Movement in the USA

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