Attorney General Gloria Akuffo has filed a counter suit at the Supreme court to challenge the decision of the Ho High Court on December 23, 2020 by Justice George Buadi to grant an interim injunction restraining the Electoral Commission from gazetting the New Patriotic Party’s (NPP) John Peter Amewu as the Member of Parliament (MP) for Hohoe.
“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 AG said in its Supreme Court petition.
According to the state represented by the AG, the injunction from the court “constituted a patent error” because it did not have the capacity to hear the case.
“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 an parliamentary election commended under article 99 and section 16 of the Representation of the People’s Law, 1992 (PNDC 284).” AG argued.
This was after an ex parte application by eligible voters within areas in the newly created Guan district, namely Santrofi, Akpafu, Likpe, and Lolobi, were only allowed to take part in the presidential election on December 7, 2020 without the parliamentary. Their presidential votes were counted in Buem where Kofi Adams of the NDC won the parliamentary.
The applicants were represented in court by Tsatsu Tsikata and are demanding the enforcement of their fundamental human right to vote.
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.
Source: MyNewsGh.com/Stephen Zoure/2020