Supreme Court must revise decision in dismissing application for EC’s original documents – Prof Azar

A private legal practitioner and professor of accounting, Prof. Kwaku Azar has disagreed with the ruling of the Supreme Court in dismissing the application by lawyers of the petitioner in the 2020 election asking the court to instruct the Electoral Commission (EC) to provide them with original copies of some documents.

The lawyer asserted that the request if granted would have taken nothing from the EC.

This he noted would have rather enhanced the reputation of the EC and further, add credibility to the declaration of the results.

“I disagreed with the Court in 2013 and do now. My reasoning is simple. Unless there is some privilege that is being asserted, all government documents should be discoverable,” he said.

Prof. Azar added that, “The EC loses nothing by making available to a petitioner any and all documents that the petitioner believes will help his case. I dare say such willingness to disclose information actually enhances the reputation of the EC and further adds credibility to its declaration.”

The Supreme on Wednesday unanimously dismissed an application by the petitioner to have the EC provide them with original documents used in the declaration of the results.

The court ruled that the petitioner failed to show reasons why the request should be granted and also, it was established that their witnesses had admitted under oath hard they already had copies of the documents.

But the lawyer says he will support any move to have the court revise its decision and instruct the EC to provide the documents.

“I will support a revision of the Court’s rules to compel the EC, and other public agencies, to disclose documents in their custody to those who challenge their decisions.”

“Anyone who will want these disclosures as a petitioner should support this move. We must avoid taking positions based on where we stand.”

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