AG Challenges Ho Court At Supreme Court Over Amewu Prohibition
Godfred Yeboah Dame
The Attorney General has filed a suit at the Supreme Court challenging the decision of a High Court in Ho to prohibit the Electoral Commission (EC) from gazetting John Peter Amewu as the winner of the Parliamentary election in the Hohoe Constituency.
The suit, filed by the Deputy Attorney General, Godfred Yeboah Dame, argues that the orders of the court presided over by Justice George Buadi constitute a “flagrant abuse of the process of the court”.
The suit argues that the High Court has no jurisdiction under Article 33 of the Constitution and Order 67 of the High Court (Civil Procedure) Rules, 2004, C.I. 47 to consider, determine or grant remedies in a matter of the nature of a parliamentary election petition, constitutionally required to be instituted under Article 99 of the Constitution and Section 16 of Representation of the People’s Law, 1992 (PNDCL 284).
It is the case of the AG that “the deployment of the human rights jurisdiction of the High Court in a matter substantially attacking the validity of the election of a person as a Member of Parliament constituted a fundamental constitutional error and, rendered the proceedings at the court below void and a nullity.”