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The Supreme Court refuses Amewu’s injunction and paves the way for his swearing in.

By a majority verdict, the Supreme Court vacated the injunction imposed by the Ho High Court on the swearing-in of Hohoe MP-elect John Peter Amewu.

The action of the supreme court now paves the way for the citizens of the district to be sworn in by Mr. Amewu as the lawmaker.

The Supreme Court declared that the Ho High Court has no authority over the case, thus the announcement that the injunction should be quashed.

The Attorney-General (AG) filed an injunction against the swearing-in of John Peter Amewu as Member of Parliament for the Hohoe Constituency before the High Court of the Supreme Court.

The AG wants the Supreme Court to quash the order of injunction of the High Court and also bar it from hearing, for want of jurisdiction, the substantive matter brought against Mr. Amewu and the Electoral Commission.

In a case, the AG alleges that the Ho High Court’s decision “constituted a patent error” because it did not have the capacity to hear the matter.

 

According to Article 33 of the Constitution, the High Court has no authority to treat a matter in the form of a petition for general elections and to issue any relief(s).’

In a general election commended under Article 99 and Section 16 of the Representation of the People’s Rule, 1992 provisional, interlocutory or final, available (PNDC 284).

“The Court’s proceedings below and the orders issued on 23 December 2020 were null and void, as was the case in violation of Article 99 of the Constitution,” the petitioner claimed in its appeal.

On Wednesday, December 23, headed by Justice George Buadi, the Ho High Court issued a temporary injunction restricting the Commission from gazetting the nominee of the New Patriotic Party as the Member of Parliament (MP) for Hohoe.
This was after an ex-party appeal by Guan District citizens who were not granted the chance to vote in parliamentary elections.

Source: 3news

Timothy

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