NANA ADDO DANKWA AKUFO-ADDO, DR. MAHAMUDU BAWUMIA AND JAKE OTANKA OBETSEBI-LAMPTEY vs. JOHN DRAMANI MAHAMA, THE ELECTORAL COMMISSION AND NATIONAL DEMOCRATIC CONGRESS (NDC)

The Petitioners, presidential candidates and their representatives, sought an order compelling the Electoral Commission (2nd Respondent) to produce for inspection and photocopying the original Results Collation Forms and Declaration Forms ('pink sheets') from all polling stations and collation centers for the December 2012 presidential election. The Petitioners claimed these documents were public records and essential for a fair and speedy determination of their election petition alleging irregularities and malpractices. The 2nd Respondent refused, arguing the request was premature and unnecessary as the Petitioners already possessed duplicate copies of these documents, which are admissible as originals under the Evidence Act. The Petitioners relied on their constitutional right to information under Article 21(1)(f) of the 1992 Constitution to support their request.

SOPHIA ADINYIRA (Mrs. JSC: The Petitioners in this application are seeking an order directed at the 2nd Respondent to produce for inspection and photocopying: 1. The Results Collation Forms for all the collation centers (constituencies) for the presidential election; 2. The Declaration Forms pink sheets for all 26,002 polling stations. In the affidavit in support of the application the petitioners stated: “2. That I say that 2nd Respondent is the body established by Article 43 of the Constitution and the provisions of the Electoral Commission Act 1993 (Act 451) and mandated under Article 45 (c) of the Constitution to conduct all public elections, including presidential elections. 2nd Respondent is also under statutory obligation to keep the record of such elections for a minimum period of one year after any presidential election. 3. That by a letter dated 21st January 2013, the Petitioners requested the 2nd Respondent to indicate at what place, date and time within a day of .....