Amewu Case: Supreme Court affirms decision to quash injunction on gazetting as MP

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The Supreme Court has once again unanimously dismissed an application for a review of its earlier decision on the injunction granted by a High Court in Ho halting the Hon. John Peter Amewu from being gazetted as the Member of Parliament for Hohoe in the Volta Region.

The 7-member panel of Judges affirmed the apex court’s decision to quash the injunction.

In its earlier judgment rendered by a 5-member panel, the court quashed an injunction granted by the Ho High Court against the gazetting of John Peter Amewu.

Reasons for the ruling were that Hon. Peter Amewu, although a beneficiary, had not caused or contributed to the denial of their right to vote as had been argued.

The Apex Court today, Tuesday, March 30, 2021, however denied the SALL residents an application for the appeal they filed for that decision, the reasons for the judgment will be disclosed later.

It will be recalled that in December last year, some residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) filed a case at a Ho High Court challenging the legitimacy of John Peter Amewu as Hohoe MP-elect.

Their lead counsel, Lawyer Tsatsu Tsikata said case was based on the fact that their respective areas did not vote in the December 7, 2020 parliamentary elections and thus it constituted an infringement on their human rights.

The Ho High Court in hearing the case, thereby granted an injunction against the gazetting of Peter Amewu as MP-Elect.

The decision of the court prompted the then Deputy Attorney-General, Godfred Yeboah Dame to file an application at the Supreme Court urging it to restrain the Ho High Court from hearing the case. It subsequently ruled that the alleged breach of the rights of the SALL residents was not caused by Hon. Peter Amewu and thus any such challenge had to be done through an election petition and not on a human rights action at the High Court.

The plaintiffs, not satisfied with the ruling filed for a review, but the apex court once again affirmed it’s earlier ruling by a unanimous decision, by stating that the Ho High Court erred in it’s judgment.

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Citizen Atare is a Ghanaian who hails from the Upper East Region. He is an ICT professional working with CERSGIS, a Remote Sensing & GIS Centre, located at the University of Ghana, Legon. Citizen Atare is an amateur freelance writer and blogger for over 20 years, who likes to research into everyday lifestyle issues and situations, politics, and cultural practices to write about to educate and also entertain his readers. He is a highly creative and motivated, highly inquisitive, open minded and to an extent risk-taking with a high visual acumen. He is a dreamer who isn’t afraid to break creative barriers. He is also a passionate aviation, tech and motoring enthusiast with a lot of knowledge to share and a private researcher. He has no formal education or certificate in journalism, but the hunger to know more and do more, backed by an impressive work portfolio is what drives him to write the things he knows best for his numerous online fans. Citizen Atare is married to Margaret and they both live in Accra with their lovely daughter Zoey. His hobbies include reading, listening to very good music; especially jazz, writing, watching action, sci-fi and adventure movies, travel and site seeing and swiming. He likes eating fufu and palm nut soup, but prefers boiled rice and kontomire stew with agushie more.

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