The Supreme Court has by a unanimous decision quashed the injunction placed on the swearing-in of Hohoe MP-elect John Peter Amewu by a Ho High Court.
This gives Mr. Amewu the go ahead to be sworn-in as the lawmaker of the 8th Parliament for the people of the Hohoe constituency.
The court said the case filed by the SALL residents requested some reliefs that can only be granted through an election petition and not a human rights issue as has been filed.
Though the Court notes in its 40-page judgment read by President of the 5-panel bench, Yaw Appau, that the interim orders by the High Court in Ho died a natural death, the Supreme Court said, John Peter Amewu, though a beneficiary, had nothing to do with the denial of the rights of the residents of the SALL area to vote.
The Court also agreed with the Attorney-General’s argument that the aggrieved parties went to the Court with an election petition disguised as a human rights issue.
The Court has however denied in part, the Attorney General’s plea for an order of prohibition against the High Court’s continual hearing of the matter.
According to the judgment, it is for the trial court to determine whether the right to vote is a fundamental human right accruing to the interested parties.
But the Court declined to pronounce on the constitutionality of C.I. 128 as contended by lawyer for the SALL residents, Tsatsu Tsikata.
The Supreme Court said the parties did not invoke its jurisdiction to determine the constitutionality or otherwise of the constitutional instrument.
The Attorney-General (AG) had dragged the Ho High Court to the Supreme Court for granting an injunction against the swearing-in of John Peter Amewu as the Member of Parliament for the Hohoe Constituency.
The AG wants the Supreme Court to quash the High Court’s order of injunction and also stop it from hearing the substantive matter brought against Mr. Amewu and the Electoral Commission for lack of jurisdiction.
The AG argues, in a suit, that the ruling from the Ho High Court “constituted a patent error” since it did not have the capacity to hear the matter.
“The High Court has no jurisdiction under Article 33 of the Constitution to entertain a matter in the nature of a parliamentary election petition and to grant any relief(s) interim, interlocutory or final, available in a parliamentary election commended under article 99 and section 16 of the Representation of the People’s Law, 1992 (PNDC 284).
“The proceedings of the court below and the orders emanating therefrom dated 23rd December 2020 were void as same were in violation of article 99 of the Constitution,” the plaintiff noted in their application.
The Ho High Court on Wednesday, December 23, presided over by Justice George Buadi granted an interim injunction restraining the Commission from gazetting the New Patriotic Party’s candidate as the Member of Parliament (MP) for Hohoe.
This was after an ex-parte application by residents in the Guan District who were not given the opportunity to vote in parliamentary elections.