The Attorney General of the Republic of Ghana Madam Gloria Akufo has filed an application to invoke the supervisory jurisdiction of the Supreme Court for an order of certiorari directed at the High Court, Ho, Volta Region, for the Supreme Court to quash the orders of the High Court, Ho, given 23rd December, placing an injunction against the Hohoe MP-elect taking his seat.
On 23rd December, 2020, the Ho High Court presided over by Justice George Buadi grants interim injunction restraining the Electoral Commission of Ghana from Gazetting John Peter Amewu as the Member of Parliament for Hohoe Constituency.
This came after an ex parte application was argued in court by Tsatsu Tsikata for the applicants who hail from the towns and were prevented from voting in the parliamentary elections in the Hohoe constituency.
But the state, presided over by the Attorney General Madam Gloria Akufo in the suit 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 an parliamentary election commended under article 99 and section 16 of the Representation of the People’s Law, 1992 (PNDC 284).” The statement said.
The Attorney General further said “the proceedings of the court below and the orders emanating there from dated 23rd December, 2020 were void as same were in violation of article 99 of the Constitution,”
According to reports, the Supreme Court presided over by the Chief Justice, Justice Anin Yeboah is expected to hear the new case filed by the Attorney 6 on Tuesday, January 12, 2021 after the swearing in ceremony.
Prior to the December 2020 Polls, the Electoral Commission of Ghana has issued a notice to prevent the people of Akpafu and Lolobi Traditional Areas referred to as the Guans.
The people who voted in the primaries of both political parties thus; National Democratic Congress and New Patriotic Party were denied their Constitutional right to vote in the Parliamentary elections.
According to the Electoral Commission’s statement on 6th December, 2020, about 12hours to the December 7th elections restrained the people of Akpafu and Lolobi from voting in the Parliamentary elections. The statement therefore stated that, they can only vote in the Presidential election.
Below is the case filed by the Attorney General.