Ratio DecidendiRatio Decidendi



JOHN DRAMANI MAHAMA
V.
ELECTORAL COMMISSION AND NANA ADDO DANKWA AKUFO-ADDO

(2021) JELR 109010 (SC)    
Supreme Court  ·  J1/5/2021 ·  3 Feb 2021 ·  Ghana
CORAM
YEBOAH (CJ) (PRESIDING), APPAU JSC, MARFUL-SAU JSC, AMEGATCHER JSC, PROF. KOTEY JSC, OWUSU JSC, TORKORNOO JSC

Ratio Decidendi

Core Terms Beta
sgd
justice of the supreme court
application
court
documents
copies
petitioner
rule
copies of the documents
inspection
issue
opinion
subject of this application
1st respondent
above reasons
access
anin yeboah
answer
cases
chief justice
counsel
declaration of 9th december
different forms
discrepancies
discretion of the court
evidence act nrcd
fact
guiding principle
inclusive sets
instant case
issues of facts
m. owusu
n. a. amegatcher
ordinary way
originals
presidential elections
press release of 10th december
prof. n. a. kotey
public elections regulations
record
regulation
section
s. k. marful-sau
submissions
sub-rule
various stages of the electoral process
view of the fact
way of mutual discovery
witness statement of the 1st respondent
y. appau

RULING 

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…

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