For the presidential elections, it was only the declaration of the winner by the Chairman of the Electoral Commission (EC) that was gazette with the authority of a constitutional Instrument (C.I) 58.
"In the exercise of powers conferred on the Electoral Commission under article 63(9) of the constitution, this instrument is hereby made, "the gazette declaration published by the Ghana Publishing Corporation Limited (GPCL)stated. it added that" Prof John Evans Atta Mills, the National Democratic Congress (NDC) presidential candidate, having, in the presidential election held on the 28th day of December, 2008, pursuant to Article 63(3) of the Constitution, obtained more than 50 percent of the valid votes cast, is hereby declared the winner of the elections".
The declaration was signed under the hand and seal of the Chairman of the EC,Dr Kwadwo Afari-Gyan, and dated January 3, 2009
Article 63(9) of the Constitution states that."An instrument which –(a) is executed under the hand of the Chairman of the Electoral Commission and under the seal of the commission ; and (b) states that the person named in the instrument was declared elected as the president of Ghana at the election of president, shall be prima facie evidence that the person named was so elected."
According to Mr.B.N.T. Ashong-Katai the Production Manager of the GPCL, unlike the parliamentary results whereby the entire details of the results were gazetted and published, with the presidential it was only a declaration by the EC Chairman, with the consent of the Attorney-General, that was gazetted
Meanwhile, the parliamentary results relating to the Akwatia and Asutifi South Constituencies are not included in the published results because they are currently subject of electoral disputes.