The State has filed a case at the Supreme Court challenging the order of the Ho High Court that granted an injunction against the swearing-in of John Peter Amewu as the Member of Parliament for the Hohoe Constituency.
The State consequently wants the decision of the Ho High Court to be quashed and also the court stopped from hearing the substantive case brought against Mr Amewu and the Electoral Commission.
In the suit, the State said the ruling from the court “constituted a patent error” since it did not have the capacity to hear the matter.
“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 reliefs(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.
The Ho High Court on December 23, 2020, presided over by Justice George Buadi, has granted an interim injunction restraining the Electoral Commission from gazetting the New Patriotic Party’s John Peter Amewu as the Member of Parliament for Hohoe.
This was after an ex parte application by residents in the Guan district who were not given the opportunity to vote in parliamentary elections.
Eligible voters within areas in the newly created district, namely Santrofi, Akpafu, Likpe, and Lolobi, were only allowed to take part in the presidential election on December 7, 2020.
The applicants were represented in court by Tsatsu Tsikata and are demanding the enforcement of their fundamental human right to vote.
The substantive matter is yet to be heard.
Meanwhile, the Supreme Court is expected to hear the new case filed by the State on Tuesday, January 12, 2021.