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

(2013) JELR 66064 (SC)

Supreme Court 7 Feb 2013 Ghana
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- Application for production and inspection of original election results collation forms and "pink sheets" dismissed; court held that where parties possess duplicate copies of public records, production of originals is unnecessary absent ge

Case Details

Suit Number:CIVIL APPEAL NO. J8/44/2013
Judges:ATUGUBA J.S.C. (PRESIDING), ANSAH J.S.C., ADINYIRA (MRS) J.S.C., OWUSU (MS) J.S.C., DOTSE J.S.C., ANIN-YEBOAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C, AKOTO-BAMFO (MRS) J.S.C
Counsel:PHILIP ADDISON (WITH MS. GLORIA AKUFFO FRANKDAVIS ALEX QUAYNOR,AKOTO AMPAW KWAME AKUFFO NANA ASANTE BEDIATUO GODFRED ,DAME YEBOAH EGBERT FAIBILLE JNR. AND PROF. KEN. ATTAFUAH) FOR THE PETITIONERS/APPLICANTS; TONY LITHUR (WITH HIM MARIETTA BREW APPIAH OPPONG AND DR. ABDUL AZIZ BAASIT BAMBA) FOR THE 1ST RESPONDENT/RESPONDENT.,JAMES QUASHIE IDUN (WITH HIM ANTHONY DABI AND STANLEY AMARTEIFIO) FOR THE 2ND RESPONDENT/RESPONDENT.,TSATSU TSIKATA (WITH HIM SAMUEL CODJOE AND BARBARA SERWA ASAMOAH) FOR THE 3RD RESPONDENT/RESPONDENT

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 receipt of the…

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