as alleged by the petitioners. They also denied the allegation that a
substantial number of Forms 34A and Forms 34B do not bear the
signatures of the candidates’ agents or the reason for their refusal to sign
the forms as is the law. In any event, it was further urged, the refusal by the
agents to sign the said forms did not invalidate the results announced. In
that regard, they cited the Ghanaian Supreme Court Case of Nana Addo
Dankwa Akufo-Addo & 3 Others v. John Dramani Mahama & 2
Others28.
[90] IEBC also dismissed as unfounded the allegation that in some
instances one person was the presiding officer in a considerable number of
polling stations. It submitted in that regard that it appointed presiding
officers in respect of each of the polling stations in the country as by law
prescribed.
[91] As regards lack of handing over notes in the forms, the respondents
contended that there is no obligation under Regulation 87 Election
(General) Regulations, 2012 for the constituency returning officers to
indicate the number of Forms 34A handed over to them and that based on
the Maina Kiai decision, the returning officers were exempted from
physically availing the statutory forms at the NTC. Further, it was urged
that the integrity of Forms 34A and Forms 34B was not compromised and
the results contained therein are valid. IEBC also denied that it
manufactured any results or that 14,078 Forms 34A have fatal and
irredeemable irregularities. It asserted instead that the results of the
28
Nana
Addo Dankwa akufo-Addo & 3 others v JohnDramani Mahama & 2 Others, WRIT No. J 1/6/2013.
Presidential
Petition
No.
1
of
2017
36
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