The Supreme Court has dismissed the motion filed by former President John Dramani Mahama asking that EC Chairperson admits she made errors during her declaration of election results.
The motion and facts related to Jean Mensa’s declaration of results on December 9.
Mr. Mahama wanted the EC Chairperson to admit that she did declare the results on December 9 which was broadcast live on radio, television, and online platforms.
Mr. Mahama also asked the Apex court to direct the EC Chairperson to admit to certain facts.
He asked the court to direct the EC Chairperson Jean Mensa to admit that she had not made any other declaration of results.
He further wanted the EC Chairperson to admit that the figures and percentages announced by her during this declaration if collated will come to 100.3% instead of 100%.
He also wanted the EC Chairperson to admit that the subsequent correction of results in statements issued by the EC is different from what candidates obtained as captured in the summary of results sheets published by the EC.
Lawyer for Mr. Mahama Tsatsu Tsikata argued in court that there was a precedent in granting interrogatories in the 2013 election petition.
However, the lawyers for the EC opposed the motion saying the answers the petitioner was seeking for would-be answered through cross-examination when the EC Chair takes to dock.
But by a unanimous decision, the court dismissed the motion.
The seven-member panel in their ruling said the motion failed and the questions that they had wanted answers to should relate to the issues raised and reliefs sought in the petition filed.
The panel chaired by Justice Anin-Yeboah said interrogatories must relate to the matters in controversy between the parties.
He said the court was of the opinion that the crucial issue of relevancy was not established by the petitioner.
He said the reference made to 2013 could not hold because, after 2013, several amendments had been made by C.I 99 of 2016 which restricted the practice and procedure of the court with regards to the election petition.
He added that rule 69 C4 and the Supreme Court Amendment directs the expeditious disposal of the petition and set timelines for this court to dispose of the petition
This Implies that even amendments not ought to be granted as well as joinder of parties.