The Supreme Court will today, Tuesday, January 5, 2021, rule on the case where the state is challenging an injunction placed on the gazetting and swearing-in of Member of Parliament-elect for the Hohoe constituency, John Peter Amewu.
The apex court on Monday, January 4, 2021, heard legal arguments from lawyers of both sides.
The Deputy Attorney General, Godfred Dame, filed a motion at the Supreme Court to challenge the injunction placed on Amewu by the Ho High Court.
Some voters of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) sued the Electoral Commission for failing to allow them to vote in the parliamentary elections.
According to them, this amounted to a breach of their rights.
They argued that the creation of the Oti Region, coupled with a recent Supreme Court decision and failure of the EC to create a constituency for them, meant they did not vote for a parliamentary candidate in the just-ended election.
However, the Deputy Attorney General believes the MP-elect was gazetted a day before the residents of SALL went to the High Court to place an injunction on the process.
He wants the Supreme Court to quash the High Court’s order of injunction and also stop it from hearing the substantive matter brought against the MP-elect and the Electoral Commission for lack of jurisdiction
“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,” his suit read.
Meanwhile, lawyers for the SALL residents are to file additional documents by 8:00 am ahead of the ruling.