The Supreme Court has quashed an order of the Ho High which placed an injunction on the gazetting of the New Patriotic Party (NPP) Member of Parliament-elect for Hohoe, Mr John-Peter Amewu.
The apex court has also quashed another order by the Ho High Court which placed an injunction on the Electoral Commission (EC) from presenting Mr Amewu to Parliament as MP-elect for Hohoe.
This decision by the court followed a certiorari application filed by the Attorney-General.
In a unanimous decision Tuesday (January 5, 2020), a five-member panel of the apex court held that the Ho High Court had no jurisdiction to grant the two orders.
According to the court, the orders by the court were in the nature of parliamentary election petition, but the original case which led to the orders were a human rights violation case and therefore the Ho High Court had no jurisdiction.
Consequently, the court quashed all the proceedings on December 23, 2002 during which the Ho High Court, presided over by Justice George Buadi granted those two interim orders
The Supreme Court, however, declined a relief by the Attorney-General to prohibit Justice Buadi from hearing the rest of the cases at the Ho High Court which relates to the alleged human rights violations.
The five-member panel was presided over by Justice Yaw Appau, with Justices Samuel K. Marful-Sau, Gertrude Torkornoo, Clemence Honyenuga and Issifu Omoro Tanko.
The Supreme Court further held that the legal dispute at the Ho High Court was a human rights case as a result of the decision of the Electoral Commission (EC) not to allow the people of Santrokofi, Akpafu, Likpe and Lolobi (SALL) from voting in the parliamentary elections in the December 2020 elections.
The court wondered why Mr Amewu the MP-elect for Hohoe should suffer due to a decision taken by the EC.
“Mr John Peter Amewu has nothing to do with the denial of the people of the SALL area to vote in the parliamentary election
He was not an agent of the EC, he was just a candidate who put himself up for election,” Justice Appau who read the held.
According to the court, the five individuals were challenging an alleged violation of their human rights due to the action of the EC , and therefore there was no need for Mr Amewu to be drag into it.
It held that if the five individuals wanted to challenge the election of Mr Amewu, it should had filed a parliamentary election petition under Article 99 of the 1992 Constitution and not go under human rights which falls under Article 33 of the 1992 Constitution.
The court accordingly struck out all the reliefs filed by the five individuals at the Ho High Court which relates to parliamentary election petition.
On December 23, 2020, the Ho High Court, presided over by Justice George Buadi, placed an injunction on Mr Amewu’s gazetting following an application by five individuals led by the National Democratic Congress (NDC) parliamentary candidate for Hohoe in the 2020 election, Professor Magaret Kweku.
The interested parties went to the High Court with an application seeking enforcement of their fundamental human rights under Article 33 of the 1992 Constitution.
The interested parties went to the High Court with an application seeking enforcement of their fundamental human rights under Article 33 of the 1992 Constitution.
It was their case that the Electoral Commission (EC) prevented the people of Santrokofi, Akpafu, Likpe and Lolobi (SALL) from voting in the parliamentary elections in the December 2020 elections, and allowed them to only vote in the presidential elections.
They, therefore, wanted an order of injunction restraining Mr Amewu from holding himself as the MP-elect of Hohoe, and also the EC from presenting Mr Amewu as MP-elect of Hohoe to Parliament on January 7, this year.
On December 29, last year, the A-G, who was a respondent in the legal action at the High Court, invoked the supervisory jurisdiction of the Supreme Court seeking an order of certiorari to quash the injunction placed on the gazetting of Mr Amewu.
In another development, some 13 voters from the Oti Region have sued Kofi Adams, National Democratic Congress (NDC) Member of Parliament-elect for the Buem Constituency and the Electoral Commission (EC) in a Hohoe High Court for excluding them from the December 7 Parliamentary election.
The voters include Stephen Brempong, Wing Commander (rtd) Emmanuel Kusi Apietu, Johnson Addo, Titus Ayivor, Fuseini Abdul-Rahman and others.
The 13, who are residents of Satrokofi, Akpafu, Lolobi and Likpe (SALL), filed a suit at the Hohoe High Court challenging the election of Mr Adams.
The petitioners in their suit argued that they were disenfranchised as the EC failed to hold the parliamentary election in the 13 electoral areas where they were expected to exercise their franchise.
They are therefore seeking an “order of perpetual injunction restraining Mr Kofi Adams presenting himself to be sworn-in as MP-elect for Buem or holding himself as such.
The petitioners are also seeking a cancellation of the December 7, parliamentary election organised by the EC in the Constituency, and the conduct of a new one to include the 13 electoral areas which will allow them to cast their ballots.
Kofi Adams was declared MP-elect for Buem Constituency by the EC after securing a total of 18, 560 of the valid votes cast to beat Mr Lawrence Kwame Aziale of the New Patriotic Party (NPP) who polled 6, 854 votes.
Source: Mypublisher24.com
