The Supreme Court has dismissed a motion by former President John Mahama seeking permission to elicit answers to some 12 questions from the Electoral Commission (EC).
Among others, lawyers for the petitioner were asking the EC to answer if the National Communications Authority played any role or facilitated in any way, the transmission of the election results to its headquarters.
Again, Mr Mahama wants to know how the Chairperson of the EC, Mrs Jean Mensa, arrived at the figures she used in declaring candidate Nana Akufo-Addo as the winner of the 2020 presidential poll.
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Lead Counsel Tsatsu Tsikata argued that the interrogatories were critical as they would help the apex court determine the authenticity of the results that saw the New Patriotic Party (NPP) presidential candidate emerging as the winner of the 2020 polls.
But the EC’s lawyer, Justin Amenuvor contended that Mr Tsikata was using the back door to introduce matters that were not stated in their earlier petition.
He explained that most of the questions were not in contention and have either been answered by the EC or is information that Mr Mahama is well aware of because he deployed agents across the country.
Giving its verdict on the motion, the Supreme Court held the view that Mr Tsikata was relying on CI 47 while the current rule in force relating to the Supreme Court is the CI 99.
Also, the request requires the exercise of discretionary power that is granted when a case for relevance is made but that was not been established, hence the decision to dismiss the motion.
The seven-member panel of judges hearing the petition includes Chief Justice Anin-Yeboah; Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor.
Meanwhile, the legal representation for Mr Mahama includes Tony Lithur led by Tsatsu Tsikata, while Lawyer Justin Amenuvor and Lawyer A. Asamoah are the lawyers for the EC of Ghana who is the 1st Respondent; and Akoto Ampaw with Frank Davies, Kwaku Asirifi, and Yaw Oppong representing the 2nd Respondent who is the President.
Background
The National Democratic Congress’ (NDC) flagbearer, Mr 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 NPP candidate, President 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 attributed 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.”