04 Jan Ghana :Tsatsu loses recusal application at the Supreme court
By Enoch Adjei,
Ghana’s Supreme Court has on Monday January 4, rejected an objection raised by Lawyer for the residents of Santrofi, Akpafu, Likpe and Lolobi (SALL), Tsatsu Tsikata against Justice Clemence Honyenuga in the the case where the Attorney General (AG) is challenging an injunction placed on the Minister of Energy and Memeber of Parliament-elect for Hohoe, John Peter Amewu.
Tsatsu Tsikata told the Apex court that Justice Clemence Honyenuga must recuse himself from the legal case on the table of the court with his reason being that Justice Honyenuga was going to be bias due to his relationship with the Member of Parliament-elect.
Deputy Attorney General Godfred Dame told the court that there was no evidence to that effect.
The Justices in their ruling said there is no substance in the allegation of bias brought against Justice Honyenuga.
They indicated that there is no established relationship between the apex court judge and the MP-elect as alleged by Mr. Tsikata.
The Supreme Court was hearing the legal arguments on whether or not MP-elect for Hohoe John-Peter Amewu can be sworn in on Thursday, January 7.
The Attorney-General (AG) had dragged the Ho High Court to the Supreme Court for granting an injunction against the swearing-in of John Peter Amewu as the Member of Parliament for the Hohoe Constituency.
The AG wants the Supreme Court to quash the High Court’s order of injunction and also stop it from hearing the substantive matter brought against Mr. Amewu and the Electoral Commission for lack of jurisdiction.
The AG argues, in a suit, that the ruling from the Ho High 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 relief(s) interim, interlocutory or final, available in a parliamentary election commended under article 99 and section 16 of the Representation of the People’s Law, 1992 (PNDC 284).
“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 plaintiff noted in their application.
The Ho High Court on Wednesday, December 23, presided over by Justice George Buadi granted an interim injunction restraining the Commission from gazetting the New Patriotic Party’s candidate as the Member of Parliament (MP) for Hohoe.
This was after an ex-parte application by residents in the Guan District who were not given the opportunity to vote in parliamentary elections.