In a fit, the point out is asking the apex court docket to declare the injunction by the lower court docket as null and void and to even more end it from listening to the substantive situation introduced towards Mr. Amewu and the Electoral Fee.
The State argued in the accommodate that the Superior Court’s ruling “constituted a patent error” since it did not have the ability to hear the make any difference, Citinewsroom.com reported.
“The Large Court has no jurisdiction beneath write-up 33 of the Constitution to entertain a subject in the character of a parliamentary election petition and to grant any reliefs(s) interim, interlocutory or closing, available in a parliamentary election counseled beneath posting 99 and segment 16 of the Representation of the People’s Law, 1992 (PNDC 284).
“The proceedings of the courtroom under and the orders emanating therefrom dated 23rd December 2020 had been void as identical were in violation of post 99 of the Constitution,” The plaintiff noted in their software.
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The Ho Significant Court on December 23, 2020, presided around by Justice George Buadi has granted an interim injunction restraining the Electoral Fee from gazetting the New Patriotic Party’s (NPP) John Peter Amewu as the Member of Parliament (MP) for Hohoe.
Some residents in the Guan district who were not provided the prospect to vote in December 7 parliamentary elections had filed an ex parte software trying to get to halt all procedures regarding Hohoe constituency in the interim until the substantive situation is heard.
Santrofi, Akpafu, Likpe, and Lolobi are the areas inside of the newly produced district that ended up only permitted to just take part in the presidential election but not in the parliamentary a person.
The omission by the Electoral Fee has brought on varying authorized sights with some suggesting that the persons in the aforementioned areas would have to be without having illustration in parliament until the upcoming election in December 2024.
The aggrieved people by their lawyer Tsatsu Tsikata are demanding the enforcement of their fundamental human ideal to vote and be duly represented in the legislature.
Even right before the substantive issue is read, the point out has absent to the Supreme Court.
The court is predicted to hear the new situation filed by the Condition on Tuesday, January 12, 2021, experiences say.