The A five-member panel of the Supreme Court presided over by Justice Yaw Appau has granted an application for an abridgement of time in an application to quash a Ho High Court injunction against of Member of Parliament-elect for Hohoe Peter John Amewu.
Ordinarily, when a matter is filed, the respondent is given 14 days to respond with the applicant replies in seven days if they so wish.
However, when there is an urgency to the matter the court has the discretion to abridge the time to ensure justice is served, such as the nature of this case.
The panel which also includes Justice Clemence Hornyenugah, Justice Samuel Marful-Sau, Justice Gertrude Torkunor and Justice Amadu Tanko after hearing the parties, fixed January 4, 2021, to hear the substantive 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 AG’s department also file within same day.
Moving the application for the argument of 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 reply with seven days, but the rules allows for an abridgement for the matter 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.
He pointed out that, for justice to be served, the people of Santrokofi, Lolobi, Lekpe and other communities who were denied the opportunity to vote in the 2020 parliamentary election ought to be represented in the lawmaking chamber.
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.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
