The Supreme Court of Ghana has denied the National Democratic Congress (NDC’s) request to serve interrogatories to the Electoral Commission Chairperson who is also the first respondent in the Presidential Election petition, Mrs. Jean Mensah, to admit that there were errors in the results she declared on the 9th of December 2020 and also provide answers to some particular questions.
The seven-member panel of the Supreme Court presided over by Justice Anin Yeboah, refused the request by lawyers of former President Mahama, who is the petitioner in the 2020 Presidential election case, to allow the Electoral Commission respond to some 12 questions they consider relevant to the matter.
The court in a response said, the interrogatories raised were discretionary and therefore not relevant to the petition before it, therefore denying the request.
Explaining further the reason for such decision, the Supreme Court, averred that, rules of the court had been amended with respect to interrogatories and as a result, the new regime did not afford the court the amount of time to respond and also to allow such questions to be answered before the trial begins.
The court explained this, referencing it to the proceeds of the 2013 Presidential Election petition in which an application for interlocutory was granted by the Supreme Court.
The court disclosed that, subsequent to 2013, several statutory amendments have been made by C.I. 99 of 2016 which has restricted the practice and procedure of the court with regards to Election Petition.
“Indeed, Rule 69 of the Supreme Court amendment in C.I. 99 directs the expeditious disposal of petitions and sets timelines for this court to dispose of the petition. The amendments provide with new procedural regime and strict timelines.”
The court noted that, it is strictly bound to comply with C.I. 90 and therefore will not apply Order 22 of C.I. 45 of 2004 in this circumstance.
“We, accordingly, refuse to grant the application and same is accordingly dismissed.”
The questions, for which the petitioner was seeking answers to, from the EC include how collations were done from the constituencies to the regional collation centres.
It also sought to find out if, all presidential party agents were informed about the decision to correct the results and also agreed to sign to it, when the EC boss realised she made mistakes in the declaration she made on December 9.
Lawyer for the petitioner, Mr Tsatsu Tsikata said, if the EC is allowed to answer those questions, it will narrow down the petition before the court for expeditious hearing.
Lawyer for the EC Justice Amenuvor opposed the request and said what the petitioner is asking is already set out in the law and prayed the court to refuse the request.
Following the refusal of the request, the court has directed the parties to file their issues set out for hearing by 9am on Wednesday, January 20.
