The Supreme Court has by a unanimous decision dismissed the injunction placed on the swearing-in of Hohoe MP-elect John Peter Amewu by a Ho High Court.
The apex court has also quashed another order by the Ho High Court which placed an injunction on the Electoral Commission (EC) from presenting Mr Amewu to Parliament as MP-elect for Hohoe.
The Supreme Court explained that the Ho High Court did not have the jurisdiction over the matter, hence the decision to quash the injunction.
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.
This decision by the court followed a certiorari application filed by the Attorney-General.
In a unanimous decision Tuesday (January 5, 2020), a five-member panel of the apex court held that the Ho High Court had no jurisdiction to grant the two orders.
According to the court, the orders by the court were in the nature of parliamentary election petition, but the original case which led to the orders were a human rights violation case and therefore the Ho High Court had no jurisdiction.
Consequently, the court quashed all the proceedings on December 23, 2020, during which the Ho High Court, presided over by Justice George Buadi granted those two interim orders.
The Supreme Court, however, declined a relief by the Attorney-General to prohibit Justice Buadi from hearing the rest of the cases at the Ho High Court which relates to the alleged human rights violations.
The five-member panel was presided over by Justice Yaw Appau, with Justices Samuel K. Marful-Sau, Gertrude Torkornoo, Clemence Honyenuga and Issifu Omoro Tanko.