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In a unanimous decision, the Supreme Court rejected a request by the 2020 NDC presidential candidate, John Mahama, to be allowed to inspect documents in the custody of the Election Commission (EC).
These are documents on which the EC has relied to announce the results of the presidential elections in polling stations, constituencies, regional and national collection centers.
Mr Mahama’s lead lawyer, Tsatsu Tsikata, had argued that access to the documents will ensure a fair decision of the case.
He insists that it was established during cross-examination of Johnson Asiedu Nketia that some areas had multiple summary sheets showing different results.
This was, however, contested by lawyers for the EC and for President Akufo-Addo.
They argued that the documents were already in Mr. Mahama’s custody through his agents who monitored elections across the country.
They also insisted that the court apply its ruling on the same issue in the 2012/2013 petition where it rejected such a request.
The seven-member panel, in its decision read by Chief Justice Anin Yeboah, said the claimant had not denied having copies of the requested documents.
The judges claim that no new evidence has been provided by the petitioner to justify the court accepting the request to hand over the original documents to the petitioner.
Context
NDC 2020 presidential candidate John Mahama filed a petition with the Supreme Court on Tuesday, February 2, 2021, seeking permission to inspect certain Election Commission documents.
This was after a request submitted to the EC was rejected. Lead counsel for the petitioner, Tsatsu Tsikata, had explained that the documents would give more basis to Mr. Mahama’s argument, hence the decision to compel the tribunal to force the EC to comply with their request.
They are therefore in a new application, requiring the originals of the forms for collecting the results of the constituency presidential election (Form 9) for all the constituencies, the originals of all the summary sheets of the results of the constituency presidential election ( form 10) and the originals of the regional presidential election. classification forms (form 11) for all regions.
Once again, the team requested the originals of the regional presidential election results summary sheets (Form 12) for all regions and the original of the presidential results form declaration (Form 13).
Finally, the team wanted the reports of the alleged update of the alleged declaration of presidential election results on December 9, 2020, of the results of four (4) constituencies in the Greater Accra region.
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