JOHN DRAMANI MAHAMA
V.
ELECTORAL COMMISSION AND NANA ADDO DANKWA AKUFO-ADDO
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This application requires access to inspect the originals of listed documents which were earlier served on the 1st Respondent by way of mutual discovery under Order 21 Rule 1 of C.I.47.
The documents under consideration are required under C.I.27 that is: Public Elections Regulations, 2020; to be given to every candidate who participated in the Presidential elections through their accredited agents. Indeed Regulation 44 of C.I. 27 from Sub-rule 7-11 inclusive sets out the different forms to be completed at the various stages of the electoral process and copies of same given to the accredited agents of each candidate.
The Application has not demonstrated that he has no copies of the documents in question. In fact, on record, PW1 and PW2 have admitted on oath that the Petitioner has copies of all the documents.
The application for discovery and inspection requires the discretion of the Court. The guiding principle is that in all cases in which a Court makes an Order for discovery…
