30 Mar Supreme Court dismisses SALL Case
30 March 2021
The Supreme Court has affirmed its earlier decision that the Ho High Court erred when it granted an injunction against the gazetting of John Peter Amewu as Hohoe MP-elect.
The 7-member panel that reviewed the decision of the original 5-member panel stated that no errors of law were committed by the judges to merit setting aside the decision.
The original 5-member panel was presided over by Justice Yaw Appau, with Justices Samuel K. Marful-Sau, Gertrude Torkornoo, Clemence Honyenuga, and Issifu Omoro Tanko.
Justice Honyenuga was later replaced by Justice Lovelace Avril Johnson with Justices Yonny Kulendi and Prof Henrietta Mensa-Bonsu added to constitute the 7-member panel.
Some residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) dragged then Hohoe MP-elect John Peter Amewu and the EC to the High Court.
They contend that by not being allowed to vote in the December 2020 parliamentary elections, their rights have been breached.
They secured a 10-day injunction against the gazetting of John Peter Amewu as the winner of the polls.
However, Deputy Attorney-General, Godfred Yeboah Dame, who is currently the country’s Attorney-General filed an application at the Supreme Court urging it to restrain the Ho High Court from hearing the matter.
He maintained that SALL residents do not have voting rights in Hohoe since the Supreme Court has already ruled that the area falls within the Oti region.
The Supreme Court ruled that the alleged breach of the rights of SALL residents was not caused by Mr. Amewu who just put himself up for elections.
Therefore, any move to question his election ought to be challenged through an election petition and not a human rights action at the High Court
This did not sit well with the SALL residents who filed for a review insisting the original panel commuted errors of law.
The seven-member panel on Tuesday ruled that the request for review fails to meet the threshold.
Details of the judgment of the court are expected to be filed at the Supreme Court registry.