Mahama sued over 2020 comeback

Former President John Mahama has been sued over his decision to seek the flagbearership of the opposition National Democratic Congress (NDC) and subsequently re-election in the 2020 general elections.

He was sued by a private citizen who is seeking to protect the constitution of the Republic.

The Plaintiff wants among other things: “A declaration that pursuant to Articles 66(1) and 66(2) of the 1992 Constitution, the Defendant is not qualified as a candidate to stand for re-election as President of the Republic of Ghana on the ticket of the National Democratic Congress

“A declaration that the Defendant’s act of seeking to be elected presidential candidate of the National Democratic Congress is in breach of Article 66(1) and 66(2) of the 1992 Constitution on account of the fact that the Defendant has had the benefits and emoluments of an ex-president twice and thus a third attempt is in violation of the letter and spirit of Article 66(1) and 66(2) of the 1992 Constitution.

“A declaration that pursuant to Articles 68(2), 68(3), 68(4), 68(5), 68(7) and 68(9) of the 1992 Constitution, the Defendant cannot purport to seek re-election as President of the Republic of Ghana.”

Below is the full writ of summon

IN THE SUPERIOR COURT OF JUDICATURE

IN THE HIGH COURT OF JUSTICE

ACCRA AD 2019                                 

                                                                                SUIT NO.

STEPHEN AGYEMAN                                                                 PLAINTIFF

H/NO. 06

OFANKOR BARRIER

ACCRA                                              

                                                    AND

JOHN DRAMANI MAHAMA                                                    DEFENDANT

(Plaintiff will direct service)

 STATEMENT OF CLAIM

6. The Plaintiff is a citizen of Ghana who seeks to protect the constitution of the Republic.
7. The Defendant is a former President of the Republic of Ghana and a candidate in the presidential primaries of the National Democratic Congress (NDC) party to be held in February 2019.
8. The Defendant was elected and sworn in as Vice-President of the Republic of Ghana on January 7 2013.
9. The Defendant was sworn in to office as President of Ghana on the 24^th of July 2012 upon the death of President John Evans Atta Mills, the then President of Ghana, to serve the remaining term of office of the late President.
10. The Plainitff avers that the Defendant was elected and sworn into office as President of the Republic of Ghana on the 7^th of January 2013.
11. The Plaintiff states that the Defendant stood for re-election as President of the Republic of Ghana on the 7^th of December 2016 but was defeated by the current President of the Republic of Ghana, Nana Addo Dankwah Akuffo-Addo.
12. The Plaintiff avers that the Defendant left office as President of the Republic following his defeat as President on the 7^th of January 2017.
13. The Plaintiff avers that the Defendant upon leaving office began to enjoy all the privileges and courtesies of a former President pursuant to Article 68 (4) of the 1992 Constitution.
14. The Plaintiff states that the Defendant has filed his nomination papers to contest the presidential primaries of the National Democratic Congress Party to be elected as its presidential candidate to contest the national presidential elections in the year 2020.
15. The Plaintiff states that the Defendant in furtherance of his ambition to be elected as the presidential candidate of the National Democratic Congress Party has established a campaign team with a campaign office for his personal gain, advantage, profit, or benefit of becoming the presidential candidate of the National Democratic Congress (NDC) for the 2020 presidential elections.
16. The plaintiff sates that the Defendant has raised over Four Hundred Thousand Cedis in support of his campaign to be elected as the presidential candidate of the National Democratic Congress Party.
17. The Plaintiff that the Defendant act of raising funds to support his bid to be elected as the presidential candidate of the National Democratic Congress Party in his capacity as a former President of the Republic of Ghana violates the letter and spirit of Article 68 (2) of the 1992 Constitution.
18. The Plaintiff states the Defendant establishment of a campaign office for the purpose of campaign office for the purpose of seeking to co-ordinate his activities in his quest to become flagbearer/presidential candidate of the National Democratic Congress constitutes an office of emolument or profit within the context of Article 68(2) of the 1992 Constitution and same having been established without Parliamentary permission is in contravention of Article 68(2) of the 1992 Constitution.
19. The Plaintiff states that pursuant to Article 66(1) and 66(2) of the 1992 Constitution, the Defendant is not qualified as a candidate to stand for re-election as President of the Republic of Ghana on the ticket of the National Democratic Congress.
20. The Plaintiff states that the Defendant’s act of seeking to be elected presidential candidate of the National Democratic Congress is in breach of Article 66(1) and 66(2) of the 1992 Constitution on account of the fact that the Defendant has contested twice for the President of the Republic of Ghana on the ticket of the National Democratic Congress and thus a third attempt is in violation of the letter and spirit of Article 66(1) and 66(2) of the 1992 Constitution.
21. The Plaintiff states that pursuant to Articles 68(2), 68(3), 68(4), 68(5), 68(7) and 68(9) of the 1992 Constitution, the Defendant cannot purport to seek re-election as President of the Republic of Ghana.

WHEREFORE, the Plaintiff claims against the Defendant as follows

1. A declaration that the Defendant in raising funds to support his bid to be elected as a flagbearer/presidential candidate of the National Democratic Congress in his capacity as a former President of the Republic of Ghana violates Article 68(2) of the 1992 Constitution.
2. A declaration that the Defendant in raising funds to support his bid to be elected as a flagbearer/presidential candidate of the National Democratic Congress in his capacity as a former President of the Republic of Ghana, without the permission of Parliament, has contravened Article 68(2) of the 1992 Constitution.
3. A declaration that the Defendant’s establishment of a campaign office for the purpose of seeking to co-ordinate his activities in his quest to become flagbearer/presidential candidate of the National Democratic Congress constitute an office of emolument or profit within the context of Article 68(2) of the 1992 Constitution and same having been established without Parliamentary permission is in contravention of Article 68(2) of the 1992 Constitution.
4. A declaration that pursuant to Articles 66(1) and 66(2) of the 1992 Constitution, the Defendant is not qualified as a candidate to stand for re-election as President of the Republic of Ghana on the ticket of the National Democratic Congress
5. A declaration that the Defendant’s act of seeking to be elected presidential candidate of the National Democratic Congress is in breach of Article 66(1) and 66(2) of the 1992 Constitution on account of the fact that the Defendant has had the benefits and emoluments of an ex-president twice and thus a third attempt is in violation of the letter and spirit of Article 66(1) and 66(2) of the 1992 Constitution.
6. A declaration that pursuant to Articles 68(2), 68(3), 68(4), 68(5), 68(7) and 68(9) of the 1992 Constitution, the Defendant cannot purport to seek re-election as President of the Republic of Ghana.

Source: Ghana/Starrfm.com.gh