A Deputy Attorney General, Mr Godfred Yeboah Dame, has argued before the Supreme Court that the people of Santrofi, Akpafu, Likpe, and Lolobi, (SALL) should have been allowed to vote in the parliamentary election during the recently-held polls.
He contended that the right constituency for the people of SALL to have voted in was the Buem in the Oti Region and not the Hohoe Constituency in the Volta Region.
The Deputy AG made the argument when he moved an application on Monday, 4 January 2020, to urge the Supreme Court to quash an injunction by the Ho High Court on the gazetting of Mr John-Peter Amewu as the Member of Parliament (MP)-elect for Hohoe.
According to him, it was “erroneous” for the Electoral Commission (EC) to have prevented the people of SALL from voting in the parliamentary election that took place on December 7, 2020.
He argued that a new constitutional instrument, CI 128, which came into force on August 11, 2020, placed SALL in the Buem constituency.
“If anything, the election in Buem should rather be annulled for the people of SALL to vote and not the Hohoe Constituency,” he argued.
In response, the lawyer for five individuals who secured the injunction, Mr Tsatsu Tsikata, argued that the admission by the Deputy AG meant that the people of SALL were, indeed, denied the right to vote and also the right to be represented in parliament.
He submitted that CI 128, which placed SALL in the Buem constituency, was unconstitutional because it was not gazetted on the day it was laid before parliament as required by the 1992 Constitution.
The people of SALL did not partake in the December 7, 2020 parliamentary election but only voted in the presidential election.
This followed an announcement by the EC on December 6, 2020, in that regard.
SALL, which used to be part of the Volta Region, became part of the newly-formed Oti Region.
After the election, five individuals led by the main opposition NDC’s parliamentary candidate for Hohoe, Prof Margaret Kweku, sent a human rights application to the Ho High Court to injunct the gazetting of the results and the swearing-in of MP-elect John-Peter Amewu.
On December 23, 2020, the Ho High Court, presided over by Justice George Buadi, acceded to their prayer.
It is this injunction and the entire proceedings at the High Court that the AG wants the Supreme Court to quash.