Naagyei 90.3 Fm Agyapa
The supreme court has set Monday, January 4, 2020, to hear a case challenging the order of a High Court in Ho that granted an injunction against the swearing-in of Member of Parliament-elect for Hohoe Constituency of the Volta Region, Peter John Amewu.
A five-member panel of the Supreme Court presided over by Justice Yaw Appau has granted an application for an abridgment of time for the expeditious handling of the case.
The Court prior to fixing the hearing date ordered the interested parties to file their response to the application by Thursday, December 31, at 12noon.
While the AGs department also files within the same day.
Moving the application for the argument of the time, Deputy Attorney General Godfred Yeboah Dame said it was important the court hears the application before December 7, 2021.
He argued that in order to ensure justice is served, the people of Hohoe ought to have a representation in the next parliament, hence the application to have the matter determined with urgency.
According to him, the normal practice would have been that the respondent would have 14 days to respond while the applicant replies with seven days, but the rules allow for an abridgment for the matter to be heard judiciously.
Though the application filed exparte, Veteran lawyer Tsatsu Tsikata was in court and said he represents the interested parties in the action.
He argued that the interested parties were very ready to help the court determine the issue with greater urgency, adding that, they were ready to file their statement of case by tomorrow.
Subject matter
The Attorney General filed an application to invoke the supervisory jurisdiction of the Supreme Court for an order of certiorari directed at the High Court, Ho, Volta Region, for the Supreme Court to quash the orders of the High Court, Ho, given 23rd December, placing an injunction against the Hohoe MP-elect taking his seat.
The AG is also seeking an order to prohibit the High Court of Justice George Boadi, from further hearing or conducting proceedings in the said suit.
The AG contends that 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, interlocutors, or final, available in a parliamentary election commenced under Article 99 and Section 16 of PNDCL 284, Representation of the People’s Law.
The AG, therefore, sees the proceedings of Justice George Boadi’s court of 23rd December as void because it violated the Constitution.
