Thursday, 31 October

SALL: Petitioners appeal dismissal of election case against Amewu

General News
Five residents from SALL had petitioned the High Court in Ho to nullify the parliamentary election that resulted in Mr. Amewu becoming an MP

The Santrofi, Akpafu, Likpe, and Lolobi (SALL) election petitioners have filed an appeal against the High Court in Ho’s decision to dismiss their suit challenging the validity of John Peter Amewu's election as the Member of Parliament for Hohoe.

The High Court dismissed the petition on Monday, 29 July 29024, citing a lack of jurisdiction.

Approximately 17,000 voters from the SALL enclave, comprising 13 communities, were excluded from participating in the 2020 parliamentary elections.

Five residents from SALL had petitioned the High Court in Ho to nullify the parliamentary election that resulted in Mr. Amewu becoming an MP.

However, the court ruled that the petitioners’ challenge effectively questioned the constitutionality of CI 128, the legal instrument the Electoral Commission (EC) relied on to conduct the 2020 parliamentary elections.

Aggrieved by the High Court’s decision, the petitioners have now appealed to the Court of Appeal.

They contend that “the trial judge egregiously erred in dismissing the petition on the ground that the High Court did not have jurisdiction.”

They further argued: “The trial judge erred in failing to appreciate that on a proper interpretation of CI 112, the SALL traditional areas did not become part of the Oti region but remain part of the Hohoe Municipality as well as Hohoe Constituency, matters which did not require constitutional interpretation.”

The petitioners also claimed that the trial judge failed to recognise multiple statutory breaches by the Electoral Commission, rendering Mr. Amewu’s election void under the Representation of the Peopl’'s Law 1992 (PNDCL284) Section 20(1)(b).

In their appeal, they seek several reliefs, including an order setting aside the High Court's judgment delivered on 29 July.

They assert: “A declaration that the election of the 2nd respondent as MP for the Hohoe constituency following the December 2020 parliamentary election is null and void.”

 

Source: classfmonline.com/Elikem Adiku