Supreme Court to rule on Amewu’s case on Tuesday
The Supreme Court has set January 5, to rule on the matter challenging a High Court’s decision granting an injunction against Hohoe MP-elect, John Peter Amewu.
The ruling is expected to be delivered at 12 noon after both parties have argued their case extensively.
The state through a Deputy Attorney General, Godfred Dame, filed a motion at the apex court to fight an injunction placed on Amewu by the Ho High Court.
The injunction was granted after some residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) argued that the Electoral Commission’s failure to allow them to vote in the just-ended parliamentary elections amounted to a breach of their rights.
The injunction secured by the residents prevented the commission from gazetting Mr Amewu as the winner of the Hohoe parliamentary polls.
According to them, 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.
But the Attorney General jumped to the defence of the commission. It argued that the decision is not legally sound.
Attorney General’s argument
It was the case of the deputy Attorney-General, Godfred Yeboah Dame that the Ho High court erred when it granted the injunction.
Mr. Dame said the case affects the rights of the residents of Hohoe Constituency to have an MP and the composition of the next parliament.
He argued that the High Court in exercising its human rights oversight had no jurisdiction to grant the injunction as the SALL residents did not go through the proper procedure.
According to him, residents of SALL do not belong to the Volta Region where the Hohoe constituency is found and therefore cannot challenge the election of the MP.
Mr Dame said the right constituency for the people of SALL to cast their vote was the Buem Constituency in the Oti Region and not the Hohoe Constituency.
He urged the court to strike out the case.
Counsel for the residents, Tsatsu Tsikata, however, disagreed.
He argued that the action by the commission to deny his clients from voting in the parliamentary election in Hohoe is a breach of the fundamental human rights, administrative justice and the right to equality before the law.
The Supreme Court will therefore give its ruling on whether or not Energy Minister John Peter Amewu should be sworn in as MP for Hohoe constituency on January 7, 2021.