The lead counsel for NDC's John Mahama, Tsatsu Tsikata has filed an application asking the Supreme Court to review its dismissal of the motion for some 12 interrogatories to be served on the Electoral Commission.

This was after the apex court had ruled that Mr Tsikata was relying on CI 47 while the current rule in force is the CI 99.

Mr Tsikata had argued that the interrogatories are critical as it would help the apex court determine the authenticity of the results that saw the NPP presidential candidate, emerging as the winner of the 2020 polls.

Among other questions, the lawyer for the petitioner is asking the EC to answer if the National Communications Authority (NCA) played any role or facilitated in any way, the transmission of the election results to its headquarters.

Again, Mr. Mahama who is the petitioner wants to know how the Chairperson of the EC, Jean Mensa, arrived at the figures she used in declaring candidate Nana Akufo-Addo as President.

However, the seven-member panel of Judges hearing the petition made up of Chief Justice Anin-Yeboah; Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor explained that the request by Mr. Mahama requires the exercise of discretionary power that is granted when a case for relevance is made but since this has not been established, hence the decision to dismiss the motion.

But arriving in court for the third hearing today, Lawyer Tsikata announced that he was late because he had to file a review for the ruling.

The court subsequently set Thursday January 28th for the hearing of the new application.

Background

The National Democratic Congress’ (NDC) flagbearer, John Dramani Mahama has petitioned the Supreme Court to order a second round of the December 7, election.

According to the former President, the votes obtained by New Patriotic Party (NPP) candidate, President Nana Akufo-Addo and himself in the December 7, election as declared by the EC Chair were not enough to be declared winner.

In his petition to the Supreme Court Wednesday, Mr Mahama said, “The claim that percentage of votes obtained by the 2nd Respondent [Nana Akufo-Addo] was 51.595% [6,730,413] of the total valid votes that she distinctly stated to have been 13,434,574 was a manifest error, as votes cast for 2nd Respondent would amount to 50.098% and not the 51.595% erroneously declared.”

He said the 1st Respondent in her December 9 declaration said the NDC candidate obtained 6,214,889 being 47.366% of the valid votes.

“From the total votes cast of 13,434,574, petitioner’s percentages would reduce to 46.260% and not the 47.366% erroneously declared.

“The percentage attribute to all but one of the other candidates by Mrs Jean Adukwei Mensa were all incorrect,” he said.

The former President argued that if all the valid votes for all the candidates who contested the election are put together, it would total “13,121,111, a figure that is completely missing from the purported declaration by Mrs. Jean Adukwei Mensa on December 9, and the purported rectification on December 10.”

Mr Mahama said the percentage of all the valid votes for the 12 contesting candidates “would yield a total of 100.03%.”

This he said is a “mathematical and statistical impossibility, a further proof of the wrongfulness and unconstitutionality of the purported declaration.”