[2021]DLSC10070 • January 5, 2021 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, HO EX-PARTE: ATTORNEY-GENERA, PROF. MARGARET KWEKU AND 4 ORS
The case concerns an application challenging the jurisdiction of the High Court, Ho, regarding certain reliefs sought by the Attorney-General and others. The High Court had granted interim orders of mandamus and injunction which were contested. The Supreme Court was called upon to determine the jurisdictional competence of the High Court to entertain specific reliefs related to alleged violations of fundamental human rights concerning voting and representation in Parliament.
read moreAPPAU, JSC:- On the 23rd day of December, 2020, one Professor Margaret Kweku who was the parliamentary candidate of the National Democratic Congress (NDC) Party in the Hohoe Constituency of the Volta Region and four (4) others, namely; Simon Alan Opoku-Mintah, John Kwame Obimpeh, Godfried Koku Kofie and Felix Quarshie who claimed to be registered voters in the Santrokofi, Akpafu, Likpe and Lolobi traditional areas in the Oti Region (hereinafter referred to as SALL Areas), initiated an action in the High Court, Ho by Originating Motion on Notice, praying for certain reliefs against the Electoral Commission as 1st respondent and three others. The three others are; Wisdom Kofi Akpakli (the Returning Officer for Hohoe Constituency, as 2nd respondent), John Peter Amewu (the NPP M.P. Elect for Hohoe Constituency, as 3rd respondent) and the Attorney-General, as the 4th respondent. Per their motion paper, the action of the applicants in the trial High Court, was premised on article 33 (1) o...