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The Supreme Court, in a unanimous decision, rejected a request by the 2020 NDC presidential candidate John Mahama to allow him to inspect documents in the custody of the Election Commission (EC).
These are documents on which the EC relies to announce the results of presidential elections at polling stations, constituencies, and regional and national collection centers.
Mr. Mahama’s lead attorney, Tsatsu Tsikata, had argued that access to the documents will ensure a fair determination of the case.
He insists that it has been established during the questioning of Johnson Asiedu Nketia that some areas had multiple summary sheets showing different results.
However, the EC and President Akufo-Addo’s lawyers opposed this.
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 apply its decision on the same issue in the 2012/2013 petition where it denied that 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 requested documents.
The judges say that the petitioner has not presented new evidence to justify the court granting the request that the original documents be delivered to the petitioner.
Background
NDC 2020 presidential candidate John Mahama had filed an application in the Supreme Court on Tuesday, February 2, 2021, seeking permission to inspect some Election Commission documents.
This was after a motion submitted to the EC was rejected. The petitioner’s lead counsel, Tsatsu Tsikata, had explained that the documents would further substantiate Mr. Mahama’s argument, hence the decision to compel the court to compel the EC to comply with his request.
Therefore, they are on a new application, demanding the originals of the constituency presidential election results classification forms (Form 9) for all districts, the originals of the summary sheet of presidential election results for all districts (form 10) and the originals of the regional presidential election. classification forms (form 11) for all regions.
Again, the team was requesting the originals of the regional presidential election results summary sheets (form 12) for all regions and the original of the statement of the presidential results form (form 13).
Finally, the team wanted the records of the alleged update of the alleged declaration of the results of the presidential elections on December 9, 2020, of the results of four (4) electoral districts in the Greater Accra region.
