In a recent hearing at the High Court in Ho on Friday, January 19, 2024, regarding the election petition against Hon. Peter Amewu, the counsel for the SALL (Santrokofi, Akpafu, Likpe, and Lolobi) petitioners, Mr. Tsatsu Tsikata, sought leave of the court to withdraw the application for judgment on admissions previously filed on behalf of the petitioners.
The late entry of Hon. Amewu’s appearance prompted the court to consider his request for a hearing on that application, causing potential delays. Mr Tsikata stressed the urgency of the matters at stake and urged the court to proceed to an early trial.
Counsel for the Petitioners highlighted the potential consequences, emphasizing that if the court did not set aside the election of the Member of Parliament for the Hohoe constituency that took place on December 7, 2020, without the participation of voters in the SALL Traditional Areas, the 8th Parliament of the 4th Republic would end without their representation.
He argued that such a situation undermines democracy and poses a threat to the unity of the Republic of Ghana.
Responding to a query from Justice Owoahene Acheampong regarding the withdrawal of the application for judgment on admissions, Mr Tsikata referred to a precedent of the Supreme Court, emphasizing the court’s allowance for litigants to withdraw cases they no longer wish to pursue.
He also cited a previous decision of the Court of Appeal not to proceed to deliver a judgment it had reserved to give on a particular date but rather take evidence to clarify a matter in the interest of attaining justice before giving judgment on a later date thus urged the court to adopt a similar approach.
Again, Mr Tsikata invoked Article 296 (a) and (b) of the 1992 Constitution and argued that the High Court judge had to exercise his discretion in respect of the application in a manner that was not arbitrary and capricious but fair and reasonable, urging the High Court judge to exercise discretion fairly and reasonably.
The Counsel to the Petitioners insisted that the Petitioners who had brought the application were now seeking to withdraw it and pointed out that the issues that were under consideration in the application for judgment on admissions would be among the issues to be decided on at the trial that Petitioners were seeking an early date for.
According to Lawyer Tsikata, it was therefore reasonable for leave to be granted by the High Court for the withdrawal.
However, despite no objections from the Electoral Commission and Hon. Amewu’s counsel, both expressing no opposition to the withdrawal application, Justice Owoahene Acheampong adjourned the ruling to February 7, 2024.
Petitioners Files Reply To Amewu’s Answer To Election Petition
Moreover, following the filing of Hon. Peter Amewu’s Answer to the election petition on January 4, 2024, the petitioners submitted a reply on January 9, 2024.
Additionally, the petitioners responded to the Electoral Commission’s Answer and filed an application for directions, outlining the issues arising from the pleadings and requesting an early trial.
In the application for directions, the petitioners urged the court to order the Electoral Commission to provide authentic copies of Constitutional Instrument 119 and Constitutional Instrument 128, which the Commission relies on in its defence.
The court, in response to the request for directions, ruled that it would only consider the application after delivering its ruling on the motion to withdraw the judgment on admissions.
The matter has been adjourned to February 7, 2024, leaving stakeholders awaiting further developments in the SALL election petition.
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