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.