The Supreme Court has dismissed an application for review on the quashing of an injunction on the gazetting of then MP elect for Hohoe, John Peter Amewu.
The court declined to give any reasons for its decision and said the ruling would be ready at the Court’s registry by close of day Tuesday, March 30.
The Supreme Court on January 4, declared that an injunction obtained by some aggrieved residents of Santrokofi, Akpafu, Likpe and Lolobi at the High Court in Ho against the gazetting of Mr Amewu was null and void.
The applicants cited Human Rights violation because they were not given the opportunity to vote in the Parliamentary election.
The Supreme Court however held that the injunction which was granted last December died a natural death because the ten day period had already elapsed.
It also held that the Ho High Court erred in granting an injunction against the gazetting of the then MP elect for Hohoe.
The Court said the High Court which is a Human Rights Court, lacked jurisdiction to hear cases on election petition.
Counsel for the applicants Tsatsu Tsikata arguing on the review application said the court in its ruling did not take into account its own binding decisions and also failed to recognise that the right to vote is a Constitutional requirement.
This, he said, constitutes a fundamental error in the court’s decision. Mr Tsikata submitted further that the court’s description of the application for injunction put before the Ho High Court as an election petition was an error.
He said the application sought to enforce a fundamental human right to allow the SALL residents to vote and their denial rendered the Parliamentary election in that Constituency invalid.
The state led by Chief State Attorney, Grace Ewool, opposed the application for review submitting that it does not meet the requirements under Rule 54.
