In a significant legal development that could have far-reaching implications for parliamentary representation and electoral justice in Ghana, the Court of Appeal sitting in Koforidua has granted an interlocutory injunction restraining John Peter Amewu from presenting himself as a former Member of Parliament (MP) for the Hohoe Constituency in the 8th Parliament.
The injunction also prohibits the Speaker of Parliament from processing or approving any entitlements, salaries, or benefits for Mr. Amewu in his capacity as a former MP, pending the outcome of a substantive appeal filed by residents of the SALL (Santrokofi, Akpafu, Lolobi, and Likpe) traditional areas.
The decision, delivered by a three-member panel chaired by Justice Bright Mensah, follows a protracted legal battle over the legitimacy of Mr. Amewu’s election during the December 2020 general elections.
Background to the Dispute
The genesis of the legal tussle traces back to a controversial exclusion of voters from the SALL communities during the 2020 parliamentary elections. Although residents of SALL were allowed to vote in the presidential election, they were excluded from voting in the parliamentary poll, leading to widespread condemnation and questions over constitutional rights.
John Peter Amewu of the New Patriotic Party (NPP) was subsequently declared the winner of the Hohoe parliamentary seat. However, residents of SALL—led by Professor Margaret Kweku and others—filed an election petition challenging the results and Mr. Amewu’s eligibility as MP for a constituency that, in their view, excluded key communities.
Legal Trajectory
The initial petition was dismissed by the Ho High Court on July 29, 2024, on the grounds that it lacked jurisdiction to adjudicate the matter. The petitioners, dissatisfied with the ruling, filed a Notice of Appeal on July 31, 2024, and subsequently sought an interlocutory injunction on December 23, 2024 to prevent Mr. Amewu from being recognized or compensated as a former MP while the appeal is pending.
Arguments and Ruling
Representing the petitioners, renowned legal practitioner Mr. Tsatsu Tsikata argued that it would be unjust and prejudicial for Mr. Amewu to continue receiving recognition and benefits as a former MP when the validity of his election remains under legal scrutiny.
He urged the Court to intervene to protect the integrity of the judicial process and the constitutional rights of the SALL residents, who remain unrepresented in Parliament to this day.
In response, counsel for Mr. Amewu argued that his client had acted lawfully throughout the electoral process and that any procedural lapses or disenfranchisement concerns should be directed at the Electoral Commission, not Mr. Amewu.
After reviewing the arguments, the panel—Justice Bright Mensah (Chair), Justice Noble Nkrumah, and Justice Hafisata Amaleboba—found merit in the application and granted the injunction. The court held that the balance of convenience favoured the petitioners, emphasizing the importance of preserving the status quo until the substantive issues are determined.
Implications and Next Steps
This ruling effectively freezes any formal recognition of Mr. Amewu as a former MP, pending the resolution of the appeal. It also reignites debate over the representation gap in the SALL area, which, for nearly five years, has remained without a parliamentary representative.
Legal analysts say the case could set a precedent for how electoral disenfranchisement issues are handled in Ghana and could impact future decisions of the Electoral Commission in delineating constituencies and conducting elections.
Political and Civil Reactions
The SALL communities have welcomed the ruling as a vindication of their long-standing grievances, with local leaders and civil society groups calling on Parliament and the Electoral Commission to take urgent steps to restore full representation to the area.
The NDC, which has championed the SALL cause, hailed the court’s decision as a triumph of justice, while sources within the NPP have expressed concern about the legal and political implications of the ruling.
Pending Appeal
The case is now set to proceed to a full hearing on the substantive appeal. A date for the hearing has yet to be fixed. Legal observers anticipate a closely watched judicial process, given the national implications of the outcome.
Until then, Mr. Amewu remains restrained from claiming or exercising any privileges as a former legislator, as the ghost of the SALL exclusion saga continues to haunt Ghana’s parliamentary history.
