The Supreme Court (SC) yesterday dismissed a review application in which the people of Santrokofi, Akpafu, Likpe and Lolobi (SALL) are challenging the gazette of John Peter Amewu, Member of Parliament (MP), for Hohoe Constituency.
The apex court had earlier set aside an order of injunction by the Ho High Court directed at Mr Amenu from holding himself out as the MP for Hohoe.
In the ruling that set aside the High Court order, a seven-member panel of judges presided over by Justice Yaw Apau held that the ruling of the High Court was in the nature of election petition, which can only be entertained by the SC.
Not satisfied with the decision of the apex court, counsel for the applicants, Mr Tsatsu Tsikata, filed a review motion, seeking the court to set aside its earlier ruling in the matter.
At proceedings yesterday, a seven-member panel presided over by Justice Apau dismissed the motion and said the reasons for dismissal would be ready by the close of day yesterday.
In moving his application two weeks ago, Mr Tsikata argued that the court committed fundamental errors in law, which occasioned a miscarriage of justice against his clients.
He contended that the court misunderstood the issue when it held that Mr Amewu was only a participant in the election organised by the Electoral Commission (EC) on December 7, 2020.
Mr Tsikata said the denial of more than 17, 000 voters from the SALL area undermined the election in the Hohoe Constituency.
He posited that, the court’s ruling that Mr Amewu had nothing to do with the case that was then before the Ho High Court was a fundamental error, and urged the court to annul the Hohoe Constituency Parliamentary election.
Mr Tsikata argued that his clients were seeking the enforcement of their fundamental rights to vote under Article 33 of the 1992 Constitution and not an election petition.
He said the court did not take into account it own binding principles.
In opposing the motion for review, Chief State Attorney, Grace Awol, said that SC had already dealt with by the case.
She argued that the motion did not meet the requirements of Rule 54 of the Court Act.
On December 23, last year, the High Court in Ho, presided over by Justice George Boadi, granted an injunction application after some residents of SALL argued that their inability to vote in the December 7, 2020, parliamentary election, amounted to a breach of their constitutional rights.
But, the apex court in the Certiorari application filed by the Attorney General’s Department ruled that, the said injunction order elapsed before Mr Amewu was gazetted.
BY MALIK SULLEMANA
