The Supreme Court has in a unanimous decision ruled that a Ho High Court erred when it granted an injunction against the gazetting of John Peter Amewu as Hohoe MP-elect.

The court said the case filed by the SALL residents requested some reliefs that can only be granted through an election petition and not a human rights issue as has been filed.

It, therefore, set aside the portions of the case at the High Court that is requesting reliefs relating to the election of Amewu as MP of Hohoe.

Background

Some residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) dragged Hohoe MP-elect John Peter Amewu and the EC to the High Court.

They contend by not being allowed to vote in the just-ended parliamentary elections, their rights have been breached. They secured a 10-day injunction against the gazetting of John Peter Amewu as the winner of the polls.

Deputy Attorney General Godfred Yeboah Dame then filed an application at the Supreme Court urging it to restrain the Ho High Court from hearing the matter. He maintains the SALL residents do not have voting rights in Hohoe since the Supreme Court has already ruled that the area falls within the Oti region.

He also insists the SALL residents by wanting the Ho High Court to order a re-run of the Hohoe elections are asking for reliefs that can only be granted under an election petition and not a human rights action.

Lawyer for the SALL residents led by Tsatsu Tsikata however disagreed.

He maintains that the High Court is clothed with the power to deal with any human right breach.

The five-member panel ruled that the alleged breach of the rights of SALL residents was not caused by Mr. Amewu who just put himself up for elections.

Therefore, any move to question his election ought to be challenged through an election petition.