[ 2021-02-03 ]

Supreme Court dismisses Mahama’s application to inspect 6 documents of EC
Source: Joseph Ackah-Blay & Felicia Osei

The Supreme Court has in a unanimous decision
turned down a request by the 2020 NDC Presidential
Candidate, John Mahama to be allowed to inspect
documents in the custody of the Electoral
Commission (EC).

These are documents relied upon by the EC to
announce the results of the presidential elections
across polling stations, constituency, regional,
and national collation centres.

Lead counsel for Mr. Mahama, Tsatsu Tsikata had
argued that access to the documents will ensure a
fair determination of the case.

He insists it has been established during the
cross-examination of Johnson Asiedu Nketia that
some areas had multiple summary sheets showing
different results.

This was, however, opposed by the EC and President
Akufo-Addo’s lawyers.

They argued that the documents are already in the
custody of Mr Mahama through his agents who
monitored the elections across the country.

They also insisted that the court applies its
decision on the same issue in the 2012/2013
petition where it denied such a request.

The seven-member panel in its decision read by
Chief Justice Anin Yeboah stated that the
applicant has not denied having copies of the
documents being requested.

The judges say no new evidence has been given by
the petitioner to warrant the court granting the
application for the original documents to be
handed over to the petitioner.

Background

The 2020 Presidential Candidate of the NDC, John
Mahama had filed an application at the Supreme
Court on Tuesday, February 2, 2021, seeking to be
granted permission to inspect some documents of
the Electoral Commission.

This was after a motion submitted to the EC was
denied. Lead Counsel for the petitioner, Tsatsu
Tsikata had explained that the documents will give
more basis to the argument by Mr. Mahama hence the
move to compel the court to force the EC to comply
with their request.

They are therefore in a new application, demanding
the originals of the constituency presidential
election result collation forms (form 9) for all
constituencies, the originals of all constituency
presidential election results summary sheet (form
10), and the originals of the regional
presidential election collation forms (form 11)
for all regions.

Again, the team was asking for the originals of
the regional presidential election results summary
sheets (form 12) for all regions and the original
of the declaration of the presidential results
form (form 13).

Finally, the team wanted the records of the
alleged update to the purported declaration of
presidential election results on 9th December
2020, of the results of four (4) constituencies in
the Greater Accra Region.

Source - MyJoyonline

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