Election Petition: Mahama’s request to inspect EC’s documents rejected
The Supreme Court has dismissed an application filed by John Dramani Mahama, the 2020 flagbearer of the National Democratic Congress, in the ongoing Election Petition hearing requesting to inspect documents of the Electoral Commission.
The documents Mr. Mahama had wanted to inspect included the original constituency presidential election result collation forms for all constituencies, constituency presidential election results summary sheet, regional presidential election summary sheets for all regions, and the declaration of the presidential results form.
During the hearing today, Wednesday, February 3, 2021, the lead lawyer for the petitioner, Mr.Tsatsu Tsikata argued that his client was entitled to inspect the documents of the 1st Respondent due to the differences in the number of total valid votes cast and other results in the declared results.
He insisted that inspection of the said documents will enable the petitioner to confirm whether their documents are the same as those in the custody of the 1st Respondent, the Electoral Commission.
But the application was objected to by the lawyers for the respondents.
They described the application as misconceived.
The lawyer for the 1st Respondent argued that the petitioner has all carbonated copies of the said documents hence it was untenable to request to confirm the authenticity of the EC’s documents.
Also, the lead counsel for the 2nd Respondent, Mr. Akoto Ampaw objected to the application saying the burden of proof is on the petitioner and that he cannot use the backdoor to adduce evidence from the respondents.
Akoto Ampaw further argued that the timing of the application and the failure of the petitioner to produce documents and evidence of his own denies him the right to the application.
The apex court in ruling on the application dismissed the same saying the threshold of necessity has not been met by lawyers of John Mahama.