The Supreme Court has declared the Ho High Court’s interim orders of injunction against the Electoral Commission from gazetting John Peter Amewu as Member of Parliament-elect for Hohoe as null and void.
The Supreme Court today also overruled the Ho court’s orders on Mr. Amewu from parading himself as an elected Member of Parliament.
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.
This ruling comes on the back of the Ho High Court on December 23, 2020, presided over by Justice George Buadi , who granted an interim injunction restraining the Electoral Commission from gazetting Mr. Amewu as the MP for Hohoe.
This followed an ex parte application filed by residents of the Guan District who were not given the opportunity to vote in the parliamentary elections on December 7, 2020.
Eligible voters within areas in the newly created district; namely Santrokofi, Akpafu, Likpe, and Lolobi, were only allowed to take part in the presidential election but could not vote in the parliamentary election because a constituency had not been created for them.
The applicants demanded the enforcement of their fundamental human rights to vote.
The State through a Deputy Attorney General, Godfred Dame, subsequently filed a motion at the Supreme Court to fight the injunction placed on Mr. Amewu.
Prior to today’s ruling, the court on Monday, January 4, 2021, also overruled an interim injunction challenging the empanelling of Justice Clemence Honyenuga to hear the case.
Lawyer for the SALL residents led by Tsatsu Tsikata accused the Judge of possible bias and told the court, Justice Honyenuga has a long standing personal relationship with Hohoe MP-elect John Peter Amewu.
Mr Tsikata argued that as lawyers in the case, they would have hoped that he would have recused himself without even an objection being raised.
But Deputy Attorney Godfred Yeboah Dame opposed the request saying it has no basis in law.
Meanwhile, Godfred Dame after the Supreme Court’s ruling today has said they are happy and very much satisfied with the directives of the court.