Court Dismisses Petitioners' Application

The Supreme Court unanimously dismissed an application filed by the petitioners in the election petition before them seeking the Electoral Commission (EC) to be ordered to provide them with Presidential election collation forms of some thirteen constituencies in the 2012 Presidential election.

According to the court, it has already ruled that it was no longer going to accept new documents from any of the parties in the case.

 
The Petitioners were requesting the Court to order the EC 'to produce, for inspection and photocopying', the Presidential Election - Collation Results Forms for 13 Constituencies, namely; Ledzokuku, Lower Manya Krobo, Tamale South, Techiman North, Yilo Krobo, Akuapem North, Berekum West, Kintampo South, Upper West Akim, Mporhor, Yendi, Ketu North and Oforikrom.

 
The request, petitioners noted, would enable their counsel do an effective cross-examination of the Chairman of the EC, Dr Kwadwo Afari-Gyan, 'and demonstrate that the petitioners brought the instant action in good faith'.

 
The request from petitioners received a vehement launch of opposition from lawyers of the three respondents in the case, the Electoral Commission (EC), President John Mahama and the National Democratic Congress (NDC).

 
The respondents yesterday told the court presided over by Justice William Atuguba that the petitioners request is incompetent, abuse the court processes and does not have legs to stand on.

Other panel members include Justices Julius Ansah, Sophia Adinyira, Rose Owusu, Jones Dotse, Anin-Yeboah, Paul Baffoe-Bonnie, Sule Gbadegbe and Vida Akoto-Bamfo.

Additionally, respondents have described petitioners' application as one that is fishing for information as the regulation under CI 75 under which petitioners are bringing their request does not support their case as it is could not apply to the case currently before the Supreme Court.

 
Mr. Philip Addison, Lead counsel for the petitioners had argued that their application, which is based on regulation 43 (5), (6) and (7) of C.I. 75, followed the failure of the EC from producing the Presidential Collation result forms of the 2012 Presidential election after his clients' written request was ignored by the Commission.

 
According to him, the present request does not fall under the other requests made that were refused by the court, adding that the request was to debunk accusations from the respondents that the petition was brought on 'bad faith'.

 
Mr. Addison further indicated that the request was to show that indeed President Mahama was not validly elected during the 2012 Presidential election.

 
Counsel asserted that the EC, as a public institution mandated to conduct elections in the country, had custody of the document they are requesting and should, therefore, be in the position to provide them.

 
In opposing the request of the petitioners, lead counsel for the EC, Mr. James Quarshie-Idun argued that petitioners have the documents they are requesting since all party representatives were present at the collation centres, where the results were collated and accepted by the political party agents before the results were declared by the returning officer.

 
According to counsel, it was not the case of the petitioners that what was indicated on the forms were not the votes declared, adding that granting the application at this stage of proceedings, would further delay hearing of the case.

 
He, therefore, told the court that petitioners' request amounted to fishing for information and also made in 'bad faith' and should be dismissed.

 
On the part of Mr. Tony Lithur, lead counsel for the President, he noted that the application was wrong since it did not fall within the particulars set out for trial.

 
The request, according to counsel, amounted not only to fishing for information but pair trolling since petitioners' are now seeking evidence from the EC. Counsel, however, queried why petitioners were in court since they had no basis of being in court if they do not have evidence to back their claim.

 
He further reminded the court of its previous ruling that no new document should be introduced into the case since the application amounted to abuse of the court process.Lead counsel for the NDC, Mr. Tsatsu Tsikata contended that the application was incompetent and an abuse of the courts process.

 
Counsel argued that the regulation under which the application was brought falls outside the realms of the Supreme Court as it related to election offences and election petition at the High Court.

 
Mr. Tsikata noted that 'petitioners are incompetent' for bringing their application under the regulations that had to do with High court cases, adding that petitioners are out of court for embarking on a fishing expedition.

 
The Supreme Court unanimously dismissed the Petitionrs' application seeking the Electoral Commission (EC) to be ordered to provide them with Presidential election collation forms

 
Petitioners in the case are seeking the annulment of 2.3million votes, which they claim were affected by same serial numbers.

The 2012 presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo, his running mate, Dr. Mahamudu Bawumia and Party Chairman Jake Otanka Obetsebi-Lamptey are in court challenging the declaration of John Mahama as winner in the 2012 Presidential election by the Electoral Commission (EC).

The petitioners have cited President Mahama and the EC as respondents in the case, however, the NDC was later joined in as a party to defend the allegations brought against its 2012 presidential candidate.

The petitioners were asking the court to annul 4,670,504 votes, representing votes cast in 11,916 polling stations across the country, for what they termed' gross and widespread irregularities' recorded during the December 2012 poll.

Meanwhile, the petitioners have currently reduced the number of polling stations they are challenging to 11,138.

However, the respondents have denied the assertions of the petitioners, noting that the results of the election, as declared, were credible.