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Wednesday, December 30, 2020 Policy
Source: 3 News
2020-12-30
Ghana’s Supreme Court has said it will hear legal arguments as to whether Hohoe MP-elect John Peter Amewu can be sworn in on Thursday 7 January.
The Supreme Court made this decision on Wednesday, December 30.
The Attorney General (AG) had taken the High Court of Ho to the Supreme Court for granting an injunction against the swearing-in of John Peter Amewu as a Member of Parliament for the Hohoe constituency.
The Attorney General wants the Supreme Court to annul the order of protection of the Superior Court and also prevent him from hearing the substantive matter presented against Mr. Amewu and the Electoral Commission for lack of jurisdiction.
The Attorney General alleges, in a lawsuit, that the Ho Superior Court ruling “constituted a patent error” as he had no capacity to hear the matter.
“The High Court does not have jurisdiction under article 33 of the Constitution to examine a matter of the type of a petition for a parliamentary election and to grant any interim, interlocutory or final relief, available in a parliamentary election recommended under article 99 section 16 of the Representation of the Popular Law of 1992 (PNDC 284).
“The proceedings of the court below and the orders emanating from it dated December 23, 2020 were void, as they violated Article 99 of the Constitution,” the plaintiff said in his lawsuit.
On Wednesday 23 December, the Ho High Court, chaired by Judge George Buadi, granted an interim injunction preventing the Commission from publishing the New Patriotic Party candidate as a Member of Parliament (MP) for Hohoe.
This was after an ex parte request from residents of the Guan district that they did not have the opportunity to vote in the parliamentary elections.
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