State challenges injunction on Peter Amewu's swearing in
The state said the High Court had not the capacity to hear the matter
Jonas Danquah 
The State has filed a case at the Supreme Court challenging the injunction order granted by the Ho High Court against the swearing-in of John Peter Amewu as the Member of Parliament for the Hohoe Constituency.
The State wants the decision of the Ho High Court to be quashed and also the court stopped from hearing the substantive case brought against Mr. Amewu and the Electoral Commission.
In the suit, the State said the ruling from the court “constituted a patent error” since it did not have the capacity to hear the matter.
“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 reliefs(s) interim, interlocutory or final, available in an parliamentary election commended under article 99 and section 16 of the Representation of the People’s Law, 1992 (PNDC 284).”
“The proceedings of the court below and the orders emanating therefrom dated 23rd December, 2020 were void as same were in violation of article 99 of the Constitution,” The plaintiff noted in their application as quoted by citinewsroom.
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The Ho High Court on December 23, 2020 granted an interim injunction which restrains the Electoral Commission from gazetting John Peter Amewu as MP for Hohoe in the Volta Region.
The court presided over by Justice George Buadi, granted the injunction after an ex parte application was presented before the court by the lawyer of some residents who claimed to be from the Hohoe Constituency.
Lawyer of the applicants, Tsatsu Tsikata who argued for the ex parte motion said the injunction was necessary because his clients who hail from towns within the Hohoe constituency were prevented from voting in the parliamentary elections that saw John Peter Amewu elected as Member of Parliament for Hohoe.
The substantive matter is yet to be heard.
Meanwhile, the Supreme Court is expected to hear the new case filed by the State on Tuesday, January 12, 2021.
