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

(2021) JELR 109013 (SC)

Supreme Court  •  J1/5/2021  •  19 Jan 2021  •  Ghana

Coram
YEBOAH (CJ) (PRESIDING), APPAU JSC, MARFUL-SAU JSC, AMEGATCHER JSC, PROF. KOTEY JSC, OWUSU JSC AND TORKORNOO J.S.C

Appearances
TSATSU TSIKATA WITH HIM TONY LITHUR FOR THE PETITIONER JUSTIN AMENUVOR FOR 1ST RESPONDENT WITH HIM A. A. SOMUAH ASAMOAH AKOTO AMPAW FOR 2ND RESPONDENT WITH HIM FRANK DAVIES, KWAKU ASIRIFI AND YAW OPPONG

Judgement

RULING

The Petitioner/Applicant has prayed this Court to grant the application to serve interrogatories. The basis for the application as argued by learned Counsel for the Petitioner/Applicant is to assist the Court to narrow issues for the trial of this Petition. 

Interrogatories under Common Law is discretionary, it should be granted or refused when all the circumstances are taken into consideration. It should be noted that the questions seek to elicit answers to the issues raised by and the reliefs sought in the Petition. Interrogatories must be relevant to the issues and relate to the matters in controversy between the parties, in this case the Petitioner and the 1st Respondent. 

The Court is of the opinion that the crucial issue of relevancy has not been established in this application. Reference was made to the 2013 Election Petition titled: NANA ADDO DANKWA AKUFO-ADDO and 2 ORS V. JOHN DRAMANI MAHAMA and 2 ORS [2013] SCGLR 50, in which an application to serve interrogatories was…

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