[ad_1]
The Attorney General (AG) has asked the Supreme Court to overturn a decision by the Ho High Court to issue an injunction on the publication of Hohoe’s elected Member of Parliament John Peter Amewu.
In a request invoking the supervisory jurisdiction of the superior court, the Attorney General maintains that the Ho Superior Court did not have jurisdiction to make that decision because all legal action leading to the decision was void.
According to the Prosecutor General, the action before the Ho High Court, although formulated as a human rights action under article 33 of the 1992 Constitution, was clearly a petition for a parliamentary election, which could not be brought under article 33 of the 1992 Constitution.
“The whole process in the Superior Court, Ho, along with the orders that emanate from there, is a nullity.
The High Court does not have jurisdiction under article 33 of the Constitution to hear a matter such as a petition for parliamentary election and to grant the provisional, interlocutory or final exemptions available in the parliamentary elections recommended under article 99 and the section 16. of the Representation of the Popular Law of 1992 (PNDC 284), argued the AG ”, argued the AG in the lawsuit filed on Tuesday, December 29, 2020.
Time Summary
The Supreme Court was expected to hear the matter on January 21 of next year, but the Attorney General has submitted a request for a time reduction to advance the case.
In his request, the Attorney General argued that the case should be heard early because it had implications for the composition of the next parliament scheduled for January 7 next year.
“It is extremely necessary that the claim that invokes the control jurisdiction of this Honorable Court, through which the Court can determine if the process in the Superior Court, Ho, is valid or adequate, be resolved expeditiously and in any event, before January 7, 2021 ”, assured the AG.
The Supreme Court is expected to hear the request for a time reduction on Wednesday (December 30)
Background
On December 23, the Ho High Court, presided over by Judge George Buadi, granted an interim injunction preventing the EC from publishing New Patriotic Party (PNP) candidate John Peter Amewu as an elected MP for Hohoe.
This followed an ex parte application submitted by five people, including the National Democratic Congress (NDC) candidate for the Hohoe constituency, Professor Margaret Kweku.
The plaintiffs had argued that Mr. Amewu’s election as deputy-elect was plagued with many “shortcomings” and that Mr. Amewu “was not properly elected to represent the people of the Hohoe Constituency.”
Basically, the applicants argued that the voters of Santrofi, Akpafu, Likpe and Lolobi, (SALL) only had the opportunity to vote in the presidential elections and not in the parliamentary elections.
It should be noted that the EC did not hold parliamentary elections in SALL following a Supreme Court decision in June this year, which declared it unconstitutional for SALL, which is now located in the Oti region, to be part of the constituency from Hohoe, which is located in Volta. Region.
According to the high court, according to article 47 (2) of the 1992 Constitution, “no electoral district should be comprised of more than one region.”
Writer’s Email: This e-mail address is protected against spambots. You need JavaScript enabled to view it.
[ad_2]
