The Supreme Court has dismissed interrogatories allegations by the National Democratic Congress (NDC) flagbearer, John Mahama asking the Electoral Commission to answer some legal questions to clarify matters of fact and help to determine in advance what facts will be presented in the 2020 election petition trial.
The facts relate to Jean Mensa’s declaration of election polls results on December 9.
The court in dismissing the motion said ‘Relevance of interlocutory by the petitioner has not been established.”
The court also said the 2012 election petition process cannot be applied in this case because it has gone through statutory amendments which has now brought into force—CI99.
The court further directed the petitioner to file its issues for case management 9:00am on Tuesday, 20 January, 2021.
Some of the questions Mahama’s lawyers is seeking the EC to ansewer are;
- As to whether NCA facilitated the transmission of results to the EC Headquarters.
- Practice in previous presidential election involving the collation figures
- Was this practice followed?
- How were results transferred from constituency collation centers to regional collation centers
- If the Dec 7 election was the 1st time EC introduce regional collation centers as intermediary between constituency collation centers and EC head
- How did the EC and returning officer retaliate there say errors in the declaration.
- When did Mrs. Jean Mensa realize there were errors in the December 9 declaration?
- Did the EC confer with agents before making the purported correction?
- Did EC gave FORM 13 to all the agents of the presidential candidate and did they all signed?
- Which date did EC chairperson post a copy of FORM 13 at the headquarters of the 1st respondent headquarters.
- Did the EC realize any computing errors
Mr. Mahama and the NDC challenged the 2020 presidential election saying it was flawed.
He maintains that neither he nor President Akufo-Addo attained a clear majority during the polls because of the omission of the Techiman South constituency from the declaration of results.
According to the EC, President Akufo-Addo garnered 51.59 percent of the votes while Mr. Mahama got 47.37 percent.
Mr. Mahama is now asking the Supreme Court to order a re-run of the presidential election for him and the incumbent.
