Supreme Court dismisses Mahama's lawyers request to inspect EC's documents

The Supreme Court has dismissed the application filed by the petitioner [John Dramani Mahama] requesting to inspect documents of the Electoral Commission (EC) in the ongoing election petition.

The application filed on February 2, sought to  "inspect 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.

As carried in a report by citinewsroom, Mr Tsikata 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 lawyers of the respondents, arguing that the application was misconceived.

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The lawyer for the 1st Respondent argued that the petitioner has all carbonated copies of the said documents hence such a request was untenable.

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 same saying the threshold of necessity has not been met by lawyers of John Mahama.