The Supreme Court has adjourned to Tuesday, January 5, to rule on the application challenging the Ho High Court’s decision to restrain the gazetting of John Peter Amewu as the MP-elect for Hohoe.
The Court granted a request by Counsel for the interested parties, Tsatsu Tsikata to file a supplementary affidavit before the ruling.
Some residents of Santrokofi, Akpafu, Likpe, and Lolobi filed the application at the Ho High Court citing Human Rights violation because they were not given the opportunity to vote in the Parliamentary election.
The State is however praying the Supreme Court to quash the injunction by the High Court citing lack of jurisdiction.
Deputy Attorney-General Godfred Yeboah Dame, submitted that the High Court has no jurisdiction to hear cases pertaining to election petition and therefore its decision to grant the injunction was flawed.
He said the applicants went to the High Court under the guise of a Human Rights violation when the reliefs sought pertained to election petition.
He argued that under CI 128, the people of the affected areas Santrokofi, Akpafu, Likpe, and Lolobi, fall under Buem Constituency in the Oti Region and not Hohoe in the Volta region. He contended that in view of that, the Buem constituency Parliamentary election should rather be re-run.
In response, Mr. Tsatsu Tsikata argued that the State’s reliance on CI 128 on why the people did not vote is baseless. He said CI 128 in itself is unconstitutional because it was not gazetted on the day it was laid before Parliament as stipulated by law.
Mr. Tsikata further contended that the Rights of the people have been infringed upon by the EC’s refusal to allow them to vote in the Parliamentary election after several assurances from the Commission.
Earlier, Mr. Tsatsu Tsikata requested a panel member to recuse himself. He told the Court that Justice Clemence Hoenyenugah has a personal relationship with Mr. Amewu, adding that, there are witnesses to testify to that under oath.
Justice Clemence J. Hoenyenugah, however, denied having any personal relationship with the Hohoe MP-elect.
