Private Legal Practitioner, Lawyer Tweneboa Kodua says the Electoral Commission (EC) presently has no obligation to provide the National Democratic Congress (NDC) with a copy of the official declaration form of the 2020 Presidential elections.
According to him, all political parties were furnished with copies of the form which has the total tally of the election results from across the country and argues, it is the responsibility of the NDC to produce their copy if they are contesting the outcome of the election.
He noted that in this situation, the evidence act is in favor of the EC.
EVIDENCE ACT, 1975 (N.R.C.D. 323) SS 1(4) says; Where the Court determines that a party has not met the burden of producing evidence on a particular issue the Court shall, as a matter of law determine the issue against that party.
He noted that the act clearly says the one alleging must prove, so now it is on the NDC to prove they have a declaration form that has figures different from what the EC declared.
Speaking in an interview on Happy 98.9 FM’s Epa Hoa Daben Political Talk show hosted by Sefah-Danquah, the learned fellow said, “The NDC says the EC’s figures are wrong and yet, they have not presented a new one but they need to present that to prove it is contrary to what the EC declared. It seems the NDC came to court without the documents and want to claim the election data is wrong.
You say you have your own results and in accordance to CI 127, every party gets a copy of the final tally and results for the Presidential election and if you can’t bring your copy to prove your claim, then we, I mean the EC can’t do same. Just like Jesus said, give unto Caesar what is his and God His due”.
However, the lawyer noted that the burden of proof could have been moved from the petitioner to the 1st respondent (EC) if they (EC) had not provided the petitioner with copies of the declaration sheet and documents in question.
The lead counsel of the NDC at the ongoing election petition on the legitimacy of the outcome of the 2020 Presidential elections, has demanded to review documents from the Electoral Commission used in the final declaration of the outcome of the Presidential race.
According to the lead counsel, Tsatsu Tsikata, the application before the court was premised on the declaration made by the Electoral Commission (EC) using different figures.
By: Joel Sanco
