Hot Source….His Lawyer Blames EC for legal challenge
The Court of Appeal sitting in Koforidua, has granted an interlocutory injunction, restraining John Peter Amewu, the former Member of Parliament (MP) for Hohoe Constituency, from presenting himself as an MP in the 8th Parliament of the Fourth Republic.
The Court, also barred the Speaker of Parliament, Alban Bagbin, from processing or paying any entitlements due to Mr Amewu in that capacity, pending the outcome of an appeal.
Professor Margaret Kweku and other residents of the SALL (Santrokofi, Akpafu, Likpe, and Lolobi) traditional areas, sought the injunction.
They are challenging the legitimacy of Mr Amewu’s election. The applicants contend that their disenfranchisement in the 2020 general election, despite being part of the Hohoe Constituency at the time, undermined the validity of the poll.
Mr Benedict Kofitse, counsel for Mr Amewu, who served as Energy Minister and Railway Development Minister in the Akufo-Addo government, argued before the Court that his client bore no responsibility for the controversy.
He maintained that if any fault existed, it lay with the Electoral Commission for handling the electoral process. According to him, Mr Amewu had acted in good faith throughout.
The Court of Appeal, presided over by Justice Bright Mensah, with Justices Noble Nkrumah and Hafisata Amaleboba, ruled that the application for an injunction had merit and should be upheld in the interest of justice.
On July 29, 2024, the High Court in Ho, presided over by Justice Owoahene Acheampong, dismissed an election petition against Mr Amewu, ruling that the court, lacked jurisdiction to hear the matter.
A Notice of Appeal was filed two days later, on July 31, 2024. Subsequently, the application for the interlocutory injunction was filed at the Court of Appeal on 23 December 2024.
During proceedings, lead counsel for the petitioners, Tsatsu Tsikata, urged the Court to prevent Mr Amewu, from enjoying the office’s benefits while the legal challenge remains unresolved.
He also asked the Court, in the interest of justice, to restrain the Speaker of Parliament from processing or disbursing any entitlements to Mr Amewu pending the determination of the appeal.
Counsel for Mr Amewu, reiterated that his client had done nothing wrong, adding that, if anything, the Electoral Commission should be held accountable for having misled Mr Amewu, the second respondent in the matter.
The three-member panel, presided over by Justice Bright Mensah, unanimously held that the application was meritorious.
Justices Noble Nkrumah and Hafisata Amaleboba, concurred.
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