According to Franklin Cudjoe, President of IMANI Africa, the final address on behalf of the petitioners in the SALL case was filed by Tsatsu Tsikata, the counsel, who urged the court to declare the election of the second respondent, John Peter Amewu, as MP for Hohoe Constituency on December 7th, 2020, void, as required by Section 20(1) of the Representation of the People Law (PNDC Law 284).
Franklin Cudjoe noted that the counsel argued that, due to multiple breaches of the Constitution and statute by the Electoral Commission in the conduct of the election, the election should be declared void.
He noted that the counsel maintained that the election could not stand since 17,688 voters in the constituency were excluded from voting on December 7th, 2020, and was thereby denied their fundamental human right to vote.
“The Court is also asked to certify its decision to the Electoral Commission, as required by section 22 of the Representation of People Law (PNDC Law 284), so that “a writ shall be issued for a fresh election in the constituency concerned”, the Hohoe Constituency, with voters in the SALL communities being allowed to vote. Counsel further asked the Court to grant an injunction against the 2nd Respondent, Honorable Peter Amewu, from holding himself out as the MP for Hohoe Constituency”.
“The grant of these reliefs, according to counsel for the Petitioners, would enforce fundamental human rights of the constituents in the SALL communities, specifically their right to vote for the Member of Parliament to represent their constituency and their right to representation in the 8th Parliament of the 4th Republic”.
Franklin Cudjoe
Furthermore, Franklin Cudjoe noted that a key contention of counsel is that Constitutional Instrument 112 (C.I. 112), by which the President created the Oti Region, did not include the areas of Santrokofi, Akpafu, Lolobi, and Likpe Traditional Areas in the Oti Region.
He noted that the Constitutional Instrument provided that the new region was to comprise the districts specified in the Schedule to this Instrument.
The IMANI boss indicated that the schedule listed eight districts, and then also included Santrokofi, Akpafu, Lolobi, and Likpe Traditional Areas, which were not districts but rather part of the Hohoe Municipality.
He argued that, based on the plain meaning of the C.I., these SALL areas did not become part of the Oti Region but remained part of the Hohoe Constituency in the Volta Region, one of the 275 constituencies established by the Electoral Commission in the Public Elections Regulations, Constitutional Instrument Number 95 of 2016 (C.I. 95).
EC Admits SALL Areas Were Part Of Hohoe Municipality
Moreover, Franklin Cudjoe noted that the counsel for the petitioners pointed out that the fact that Santrokofi, Akpafu, Lolobi, and Likpe traditional areas were part of the Hohoe municipality at the time C.I. 112 was enacted was admitted by the EC in their response to a request to admit facts.
He noted that the fact that those areas were part of the Hohoe constituency, as established in C.I. 95, is also admitted in the answers to the petition filed by the EC and Hon. Peter Amewu.
Franklin Cudjoe indicated that counsel for the petitioners further argued that C.I. 95 was never validly revoked, revised, repealed, or otherwise amended, and, according to counsel, should have been used for the parliamentary elections held on December 7th, 2020.
“However, voters in the SALL Traditional Areas were denied a vote in the Parliamentary election by a press statement that the Electoral Commission sprang on the public on the evening of December 6, 2020 (just a few hours before the 2020 general election) in which it stated that voters in the SALL area could vote only in the Presidential election”.
“That decision was implemented by officials of the Commission in the elections on 7th December 2020. By not allowing the voters in the SALL communities to vote in the Hohoe Constituency, Counsel maintains, the Electoral Commission denied them the right to vote, which has been acknowledged by the Supreme Court of Ghana and universally to be a fundamental human right”.
Franklin Cudjoe
He noted that the decision, counsel submitted, was also in violation of the constitutional provisions governing the work of the EC and clearly affected the outcome of the election, in which Hon. Peter Amewu was declared to have received 26,952 votes, as against 21,821 for Professor Margaret Kweku.
Franklin Cudjoe stated that the EC had also acted unfairly, unreasonably, and capriciously, contrary to Article 23 and Article 296(a) and (b) of the Constitution.
He stated that counsel argues C.I. 128 unlawfully placed Santrokofi, Akpafu, Lolobi, and Likpe under Buem Constituency in Oti Region for the December 7th, 2020 elections, contrary to the EC’s and Hon. Peter Amewu’s claims in their answers to the election petition.
EC Admits Illegality Of SALL Voters In Buem Constituency
Furthermore, Franklin Cudjoe noted that a recent EC press release (16th May 2024) acknowledges that allowing voters in SALL communities to vote in Buem Constituency would have been illegal, as the MP would have been a member of both Guan and Jasikan District Assemblies, violating Act 936.
He noted that this press release contradicts the Commission’s reliance on C.I. 128 in its answer to the petition.
“There was no lawful basis for preventing voters in the SALL Traditional Areas from voting in their existing Hohoe constituency as established by C.I. 95 and from representation in the 8th Parliament of the 4th Republic”.
“According to counsel for the Petitioners, the Electoral Commission had no power to create a district and, therefore, C.I. 119, which purported to alter the composition of the Hohoe and Jasikan districts, was invalid”.
Franklin Cudjoe
Franklin Cudjoe noted that counsel argued that C.I. 128 cannot legally remove the SALL Traditional Areas from Hohoe Municipality in the Volta Region and merge them with areas in Jasikan District, Oti Region, to form a single constituency.
He noted that this would be unconstitutional, as Article 47(2) of the 1992 Constitution states, “no constituency shall fall within more than one region”.
He asserted that these arguments, along with others, are detailed in the closing address filed by counsel, emphasizing that the reliefs sought only pertain to the Hohoe constituency election, excluding all others.
Franklin Cudjoe stated that the Electoral Commission was expected to file its submissions by July 9, 2024, while Hon. Amewu had until July 12, 2024, to file his.
According to Franklin Cudjoe, Justice Owoahene Acheampong of the High Court in Ho will deliver judgment on July 29, 2024.
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