Lawyer Kwesi Botchway Jnr petitions President Mahama to set up a Commission of Enquiry to investigate Ablekuma North violencce

Private legal practitioner, Lawrence Kwesi Botchway Jnr, has formally petitioned President John Dramani Mahama to establish an independent Commission of Enquiry to investigate the violent incidents that marred the Ablekuma North parliamentary election rerun held on Friday, July 11, 2025.

In an 8-page petition dated Tuesday, July 15, 2025, and addressed to the Presidency and copies served on the Council of State and the Speaker of Parliament, Mr. Botchway invoked Article 278(1)(a) of the 1992 Constitution, which empowers the President to commission an enquiry into matters of public interest. The legal basis of the request, the petition noted, is firmly grounded in constitutional provisions and supported by past legal precedent.

“Article 278 (1) of the 1992 Constitution provides that the constitutional mandate of the President… can be invoked at the pleasure of the President or upon the advice of the Council of State or at the request of Parliament to investigate certain matters of public interest,” the petition reads.

Mr. Botchway argued that the July 11 rerun, ordered after months of legal disputes and unresolved results from the 2024 general elections, was marred by a wave of violence, intimidation, and human rights violations which warrant urgent and impartial investigation.

*Incidents of violence*

Citing several graphic incidents captured in video evidence submitted with the petition, the lawyer described what he called “a coordinated campaign of violence” against party officials, journalists, and observers.

Among the most shocking incidents was the assault on former Member of Parliament and Minister of State, Hon. Mavis Hawa Koomson, who was attacked by more than 20 unidentified men at the St. Peter’s Society Methodist Church Polling Station.

“Despite having accreditation to monitor the elections on behalf of the NPP candidate, Madam Hawa Koomson was attacked and stomped by unidentified macho men,” the petition stated.

Other victims included Joy News journalist Sally Martey, who was slapped and shoved by a masked attacker during live coverage of the voting process, and Amansan TV reporter Vida Wiafe, who was pepper-sprayed by security officers, leading to her collapse on the scene. GHOne’s Kwabena Agyekum Banahene and Chris Lloyd Nii Kwei Asamoah, the Deputy National Organizer of the NPP, were also subjected to unprovoked physical assaults.

“This petition borders on the fundamental human rights of citizens, injustice, abuse of power, and unfair treatment… These matters are of considerable significance and weight to satisfy the pleasure of the President,” Mr. Botchway stated.

*Constitutional action*

The petition emphasised that electoral violence continues to threaten Ghana’s democratic credentials, noting that more than three decades into democratic governance, the nation has yet to guarantee violence-free elections.

Citing the precedent set in 2019, when a similar Commission of Enquiry was established following the Ayawaso West Wuogon by-election violence, the petitioner argued that Ghana must not wait for further deterioration before taking action.

“It is unfortunate that, over three decades of practicing democracy, Ghana cannot hold violence-free elections… The petitioner deems it necessary to bring to the notice of the President activities of violence which… warrant the establishment of a Commission of Inquiry.”

*Reliefs sought*

Among other key demands, the petitioner is specifically, is seeking investigations into violations of the fundamental rights and freedoms of individuals cited in the petition. He contends that these individuals suffered unfair treatment and grave injustices during the conduct of the parliamentary rerun.

In his petition, the lawyer also raises concerns over the abuse of power by personnel of the Ghana Police Service, particularly in incidents involving a GHOne TV journalist and an Amansan TV reporter who were allegedly assaulted while carrying out their journalistic duties.

Furthermore, he is questioning the failure of the National Election Security Taskforce (NESTF), established in 2024, to deploy officers to maintain law and order on the day of the rerun. He argues that since the rerun formed part of the 2024 electoral process, the absence of adequate security presence constituted a major breach of responsibility under the election security framework.

Additionally, the petition calls for an investigation into the role of the Minister for the Interior, particularly in relation to the issuance of instructions or orders that may have influenced the conduct complained of. Mr. Botchway stressed that the minister either failed to exercise proper oversight or demonstrated a lack of leadership necessary to prevent or respond effectively to the violations in question.

The legal practitioner further seeks compensation for the victims, to be determined by the President or the commission of inquiry, depending on the findings and severity of the injustices suffered.

“The petitioner herein brings this matter before the President for his consideration, based on the President’s legal mandate to establish a commission of inquiry to enquire into the matters espoused,” the petition states.

Mr. Botchway emphasized that the issues raised go beyond individual grievances and touch on the core values of justice, accountability, and the rule of law, necessitating presidential action in the public interest.