Connect with us

2020 Elections

Justice Torkonoo to Tsikata: “I eat in your home, should I recuse myself as well?”

Published

on

ustice Torkonoo to Tsikata: “I eat in your home, should I recuse myself as well?”

A justice of the Supreme Court, her ladyship, Justice Gertrude Torkonoo, took a swipe at lawyer Tsatsu Tsikata at the Supreme Court when he raised a preliminary objection demanding that Justice Clemence Hoyenugah, one of five Justices hearing the case brought by the Attorney General seeking to quash the decision of the Ho High Court recuse himself.

The Ho High Court earlier granted an interim injunction against the gazetting of the 2020 Hohoe Parliamentary election

Tsikata wanted Justice Clemence Hoyenugah to recuse himself from the panel because the said judge has a close, personal and intimate relationship with the member of Parliament-elect for the Hohoe Constituency.

Justice Torkonoo quizzed lawyer Tsatsu Tsikata whether or not she should also recuse herself from the case on the premise that she is friends with Tsikata and his family and has had several meals in his home over the years.

“I have had several meals in your house include kenkey and fish, so should I also recuse myself on the basis that I am friends with your family” Justice Getrude Torkonoo asked in open Court.

In his response, Tsikata simply said Justice Torkonoo’s example does not in any way relate to the facts he has presented to the Court praying that Justice Clemence Hoyenugah ought to recuse himself from hearing the substantive case before the Court.

Recusal of Panel Member

Before the Supreme Court invited the Deputy Attorney General for his oral arguments in the main case before the Court, lawyer for the interested parties, Tsatsu Tsikata, raised a preliminary objection against the inclusion of Justice Clemence Hoyenuga on the five-member Supreme Court panel duly constituted by the Chief Justice, Anin Yeboah, to adjudicate the matter.

The grounds for his objection is that Justice Clemence Hoyenugah has a long standing relationship with the Member-of-Parliament-elect for the Hohoe Constituency, John Peter Amewu and that his continued stay on the panel will result in a real likelihood of bias on the part of the Supreme Court judge for the benefit of the Energy Minister and Hohoe MP-elect.

Objection of AG

Godfred Yeboah Dame, the Deputy Attorney General in his opposition to the objection of Tsatsu Tsikata, told the court that the application was “totally baseless and without merit.”

He indicated further that Tsikata in his objection did not provide any evidence whatsoever and that the application was speculative and meant to delay the process of adjudicating the substantive case before the court.

The ruling of the Supreme Court on Objection

The five-member panel which also included Justice Samuel Marful-Sau, Justice Gertrude Torkornoo, Justice Clemence Hoyenugah and Justice Amadu Tanko, when it reconstituted after rising for about 30 minutes to consider the objection, dismissed the preliminary objection of Tsatsu Tsikata.

The court ruled that John Peter Amewu is not a party to the instant application even though he may be remotely affected by the decision of the court. To this end, whatever relationship that may exist between Justice Clemence Hoyenugah and John Peter Amewu “does not arise for consideration whatsoever.”

“There being no merit in the instant application therein, same is hereby dismissed,” Justice Yaw Appaw ruled.

The AG case as filed

The Attorney General on 29 of December 2020, filed a motion on notice at the Supreme Court praying the court to quash the decision of the Ho High Court that granted an interim injunction in an ex parte application by five applicants seeking to stop the Electoral Commission (EC) from gazetting the parliamentary results of the Hohoe Constituency in the 7th December 2020 Presidential and Parliamentary Elections.

Reliefs sought

The motion entitled “The Republic versus High Court, Ho, Ex parte, Attorney General (Applicant), Prof. Margaret Kweku, Simon Alan Opoku-Minta, John Kwame Obompeh, Godfred Koku Fofie, Felix Quarshie (Interested Parties)”, among others, is seeking an order of certiorari directed at the High Court, Ho, Volta Region, with Justice George Buadi presiding, to “bring into this Court for the purpose of being quashed the orders of the court dated 23 December, 2020 in Suit No. E12/40/2021 entitled “In the matter of an application under Article 33 of the Constitution, 1992 and order 67 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) and the Inherent Jurisdiction of the High Court between Professor Margaret Kweku, Simon Alan Opoku-Mintah, John Kwame Obompeh, Godfried Koku Fofie, Felix Quarshie and the Electoral Commission, Wisdom Kofi Akpakli, John Peter Amewu and The Attorney-General”

Additionally, the Attorney General is also seeking an order prohibiting the High Court, Ho, Volta Region from further hearing or conducting proceedings in the said case.

It is the contention of the Attorney General that the orders of the Ho High Court dated 23rd December, 2020, constituted a “patent error on the face of the record to the extent that they purported to confer on the applicants (interested parties herein), non-existent voting rights in respect of the Hohoe Constituency in the Volta Region.”

The argument of the Attorney General

According to the Statement of Case filed by the Attorney General on behalf of the Member of Parliament-elect for the Hohoe Constituency, the facts of the case make it abundantly clear that the pursuit of the action filed by the interested parties at the High Court, Ho, is an attempt to enforce a non-existent right.

“The interested parties have already been told by this Honoruable Court that, to the extent that C. I. 95 places their traditional areas of Santrokofi, Akpafu, Likpe and Lolobi in the Hohoe Constituency, same is unconstitutional. CI 95 ought to be amended in order to place the said traditional areas in the Oti Region. They ceased to be part of the Hohoe Constituency in Volta Region immediately the Oti Region was created and they were put thereunder.

The alleged failure of the Electoral Commission to amend CI 95 to give effect to the boundaries of the new regions, does not mean that the interested parties together with the residents of the 4 areas, can continue to assert voting rights in the Hohoe Constituency. To do so will be inconsistent with Article 47(2) which prohibits a constituency from straddling two regions, and will create further constitutional chaos,” the Statement of Case noted.

“It is thus beyond doubt that the action at the High Court, Ho, is a palpable abuse of the process. The wrongful assumption of jurisdiction by Justice Buadi, was a serious error apparent on the face of the record. This court ought to exercise its supervisory jurisdiction to prevent a situation where the interested parties will, through the backdoor, surreptitiously seek to assert the right to vote in a manner which is constitutionally frowned upon.

The interested parties’ case is borne out of mischief and an attempt to judicially sanction an unconstitutionality. It is merely a vile attempt to upset the hard won electoral victory of the winner of the parliamentary election in Hohoe Constituency through an unjustified invocation of the court’s human rights jurisdiction,” the Attorney General further stated in his argument.

Background
On the 7 December, 2020, presidential and parliamentary elections were held throughout Ghana for the election of a President and Members of Ghana’s Parliament in 275 constituencies existing in the country.

The parliamentary election in the Hohoe Constituency in the Volta Region resulted in the due declaration by the Electoral Commission of John Peter Amewu (standing on the ticket of the New Patriotic Party) as the winner, having obtained 26,952 (55.18%) of the popular votes.

Subsequently, the results of the parliamentary elections nationwide were duly gazetted by the Electoral Commission on Tuesday, 22 December 2020.

However, on 23 December 2020, the interested parties mentioned above, led by the losing parliamentary candidate of the National Democratic Congress (NDC) in the Hohoe Constituency, invoked the jurisdiction of the High Court, Ho, under Article 33, claiming a violation of their human rights in the conduct of the Parliamentary Election in the Hohoe Constituency.

Submit your stories or articles to us via WhatsApp +233 558210224 or info@accramail.com

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

2020 Elections

Keep your receipts because I’ll audit COVID-19 Funds – Mahama

Published

on

Keep your receipts because I’ll audit COVID-19 Funds – Mahama

Keep your receipts because I’ll audit COVID-19 Funds – Mahama

Mr. John Dramani Mahama has indicated he will audit the COVID-19 fund that has been created to finance activities relating to the fight against the pandemic.

He cautioned all persons who use the funds to keep their receipts because “the day of accountability will come”.

The government of President Nana Addo Dankwa Akufo-Addo created the COVID-19 Trust Fund to solicit funds from the general public to help fight the pandemic.

The Fund, according to President Akufo-Addo has accrued GH₵8,750,000.

“I’m very grateful to individuals and institutions who have responded to my appeal for donations to be made into the COVID-19 National Trust Fund. A total amount of some 8,750,000 cedis which includes 600,000USD has been received.

“I’m happy that so many appointees of my government have also followed my example by donating their salaries to the fund,” President Akufo-Addo said.

But in a Facebook Live presentation on Thursday April 23, Mr Mahama called on Ghanaians to demand accountability in the disbursement of the Funds.

“I don’t think I need to become President before we demand accountability. All those spending the COVID-19 money should be keeping the receipts because the day of accountability is fast approaching,” he said.

He added: “Let us all join hands in demanding accountability and transparency from the government in the management of the COVID-19 funds, after all these are public funds contributed by tax payers.

“I am passionately appealing to the government to ensure a timely release of these funds to the institutions, health and non-heath, so that they can discharge their duties appropriately and according to plan.”

Submit your stories or articles to us via WhatsApp +233 558210224 or info@accramail.com

Continue Reading

2020 Elections

Read FULL JUDGEMENT of the 2020 election petition

Published

on

Read FULL JUDGEMENT of the 2020 election petition

Read FULL JUDGEMENT of the 2020 election petition

The Supreme Court, by a unanimous decision, has affirmed the victory of President Akufo-Addo in the 2020 presidential election.

“The petitioner has not produced any evidence to rebut the presumptions created by the publication of CI 135 for which his action has failed. We have, therefore, no reason to order for a rerun … we accordingly dismiss the petition as having no merit,” Chief Justice Anin-Yeboah ruled.

With this unanimous, seven-member decision, the Supreme Court dismissed the petition.

The court determined that the petitioner had based his case on an error made by the chair of the Electoral Commission during the declaration of the election result on 9 December 2020, but that the error could not void the will of the people in electing a president.

The Supreme Court also held that the error made by the EC in using total votes cast as the basis for reckoning the total valid votes during the declaration was corrected, and that the correction was made in accordance with the law.

Read full judgement below:

 

Submit your stories or articles to us via WhatsApp +233 558210224 or info@accramail.com

Continue Reading

2020 Elections

Tell us how you bought those two V8 Land Cruisers – Asawaase NDC youth pour their anger on Sammy Gyamfi

Published

on

Tell us how you bought those two V8 Land Cruisers - Asawaase NDC youth pour their anger on Sammy Gyamfi

The youth of the opposition National Democratic Congress in Asawaase constituency in the Kumasi Metropolis have written a cold catching open letter to the party’s national communication officer Mr. Sammy Gyamfi for attacking the honorable Speaker of parliament Mr. Alban Bagbin, Hon. Muntaka Mubarak, and Hon. Haruna Iddrisu after parliament approved three NPP ministerial nominees which included Hon. Kwadwo oppong Nkrumah, Dr, Owusu Akoto Osei, and Hon. Hawa Koomson who were disapproved at the appointments committee level.

After the speaker of parliament delivered the results of the voting to the plenary which outrightly favored these contentious ministerial appointees, the party’s national communication officer took to his Facebook wall to denigrate the integrity of the party’s leadership in the parliament. He wrote on his Facebook wall;

Comrades, the betrayal we have suffered in the hands of the Speaker of Parliament, Rt. Hon. Alban Bagbin, the leadership of our Parliamentary group, particularly Hon. Haruna Iddrissu and Hon. Muntaka Mubarak, and dozens of our own MPs, is what strengthens me to work hard for the great NDC to regain power.
They brazenly defied the leadership of the party and betrayed the collective good for their selfish interest. And we, must not let them succeed in their parochial quest to destroy the NDC, the party that has done so much for them and all of us. The shame they have brought on the party will forever hang like an albatross around their necks.

These are hard times for all of us but we should not let the betrayal of a few quench our love for the great NDC.

Rather, let it strengthen us to fight for this party. We all have an equal stake in this party. They are few, we are many. Some have sold their conscience but ours is intact.

And we, can work together to rebuild the party from the ashes of 3rd March, 2021, which I call “Black Wednesday ”- Our day of self-inflicted shame.

This is the time for us to insist on the right changes in the leadership of the NDC group in Parliament or forget about them completely. The current leadership have lost their moral authority to lead and are not fit to sit on the front bench of the NDC side of the house.

More importantly, it’s about time we understood, that we don’t have any NDC Speaker of Parliament. No we don’t! We have a Speaker who rode on the back of the NDC into Office to pursue his own parochial agenda and nothing more. You trust them, at your own peril.

The hypocrites can choose to remain quiet or even condemn us for speaking up, so they can remain in the good books of the renegades. But I and all who are pained by this act of betrayal will not keep quiet, because we don’t fear anyone and don’t wish to be in their good books. If they can defy the party leadership and interest openly and subject all of us to public ridicule, then they can and must also be called out openly. The NDC party is supreme and it must be cleansed.

Speak up, we can and must! And let nobody stand in our way. But, when all is said and done, let’s work for the NDC with all our might and strength. Quench not your love for the party. Hope must not die. This storm shall pass. The NDC will survive and shall bounce back stronger for victory. So I say to you, be strong!

*Sammy Gyamfi Esq.*

In replying to Mr. Gyamfi’s fierce comment, the party’s youth in the Asawaase constituency led by the constituency’s Director of Communication have written to Sammy Gyamfi asking 3 critical questions that bother on his integrity. They wrote;

Comrades, the so called statement of betrayal by Sammy Gyamfi has come to our notice.

If one is to talk about betrayal, it is the leadership of the NDC party in which Sammy Gyamfi is part that has betrayed us. It is the leadership of the party that is not being truthful to us and betraying us, not our hard working MPs.

The leadership of the party held meeting with the leadership of the MPs caucus, they presented all their challenges in parliament as far as this voting of nominees are concern, as a vibrant communication officer as you claim you are, wouldn’t it have been prudent enough for you to make us aware of the reality on the ground than trying to incite us against our MPs?

So if you have failed to assume your responsibility as per your rules of engagement please accept it for us to move on. Come to think of it, you can’t be more Catholic than the Pope.

You can’t be more NDC than The speaker of parliament, Hon. Muntaka Mubarak, Hon. Haruna Iddrisu and other hard working NDC MPs.

As you are touting yourself with integrity than these hard working NDC MPs with rich experience in which you yourself know is not true and can’t be true with unsubstantiated allegation.

We would like to caution you to desist from this undeserving misconduct of a national officer of our great party, more importantly, the barrage of attacks on our hard working Member of Parliament, Hon. Muntaka Mubarak and his colleagues.

Mr. Sammy Gyamfi if you live in a glass house don’t throw stones and if you can’t take blow please don’t throw blows, let us have some integrity test for us to see if you will indeed pass this test for “he who comes to equity must come with clean hands”;

1. Can you tell us with all honesty a company or an institution in Ghana that you have worked with before possessing all that you have today and at what salary base Mr. Integrity?

2. What do you do for a living now to lead the kind of life that you are having?

3. You have two (2) V8 Toyota Land Cruisers; can you tell us how you bought those cars and for how many years of service to a company or an institution if any?

Just to mention a few.

Sammy Gyamfi enough of your baseless and misplaced outburst, if there are people who have contributed immensely to our failure as a party in election 2020 which subsequently left us with bruises, then there is no other people than the people of which you are part of.

Instead of you to concentrate on reorganizing the party, you are rather blowing the trumpet of divisions and attacks on our own. If other constituencies will allow you to do that, please we at Asawase Constituency will not allow you! Not at all! You can’t sit somewhere and mislead us.

It won’t happen! So trek with caution.

Signed
Director of Communication Asawase Constituency

Meanwhile, honorable Muntaka on his radio station in Kumasi Zuria FM has warned Sammy Gyamfi not to enter his territory with his crass arrogance and disrespect.

However, we are yet to witness any reactions from the speaker as well as hon. Haruna.

Submit your stories or articles to us via WhatsApp +233 558210224 or info@accramail.com

Continue Reading

Trending