Supreme Court quashes injunction order against Peter Amewu

The Supreme Court held that the Ho High Court had no jurisdiction to grant the injunction.

Supreme Court quashes injunction order against Peter Amewu

The Supreme Court has quashed an order by the Ho High placing an injunction on the gazetting of the Member of Parliament-elect for Hohoe, Mr John-Peter Amewu.

The apex court has also nullified another order by the Ho High Court which placed an injunction on the Electoral Commission (EC) from presenting Mr Amewu to Parliament as MP-elect for Hohoe.

This decision by the court followed a certiorari application filed by the Attorney-General.

In a unanimous decision Tuesday (January 5, 2020), a five-member panel of the apex court held that the Ho High Court had no jurisdiction to grant the two orders.

The five-member panel was presided over by Justice Yaw Appau, with Justices Samuel K. Marful-Sau, Gertrude Torkornoo, Clemence Honyenuga and Issifu Omoro Tanko.

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According to the Supreme Court, the orders by the high court were in the nature of parliamentary election petition, but the original case which led to the orders were a human rights violation case and therefore the Ho High Court had no jurisdiction.

Consequently, the court quashed all the proceedings on December 23, 2020, during which the Ho High Court, presided over by Justice George Buadi granted those two interim orders

The Supreme Court, however, declined a relief by the Attorney-General to prohibit Justice Buadi from hearing the rest of the cases at the Ho High Court which relates to the alleged human rights violations.