Tsatsu Tsikata Files Final Address for Petitioners in SALL Case, Challenges Validity of Hohoe Constituency Election

On July 9, 2024, Tsatsu Tsikata, representing the petitioners in the SALL case, filed the final address in the High Court, Ho. This submission complied with the court’s orders from July 2, 2024.

In his address, Tsikata urged the court to void the election of John Peter Amewu as MP for Hohoe Constituency, citing multiple constitutional and statutory breaches by the Electoral Commission during the December 7, 2020, election. The exclusion of 17,688 voters from the SALL communities was highlighted as a denial of their fundamental right to vote, which rendered the election invalid under Section 20(1) of the Representation of People Law (PNDC Law 284).

Tsikata requested that the court certify its decision to the Electoral Commission, as mandated by Section 22 of the Representation of People Law (PNDC Law 284), to facilitate a fresh election in the Hohoe Constituency, including the SALL voters. He also sought an injunction against Amewu, preventing him from presenting himself as the MP for Hohoe Constituency.

According to Tsikata, these measures would uphold the fundamental rights of the SALL constituents, ensuring their right to vote and proper representation in the 8th Parliament of the 4th Republic.

A central argument in the petition is that the creation of the Oti Region via Constitutional Instrument 112 (C.I. 112) did not legally move the Santrokofi, Akpafu, Lolobi, and Likpe (SALL) traditional areas from the Volta Region’s Hohoe Municipality to the Oti Region. Despite being listed in the schedule, the SALL areas were part of Hohoe Constituency under Constitutional Instrument 95 of 2016 (C.I. 95), which remains unrevoked.

Tsikata underscored that the Electoral Commission’s last-minute decision on December 6, 2020, barring SALL voters from the parliamentary election violated their rights and constitutional provisions, affecting the election results. The petition highlights the unfair and capricious nature of this exclusion, referencing Articles 23 and 296(a) and (b) of the Constitution.

Tsikata also argued against the legality of C.I. 128, which purportedly moved the SALL areas to the Buem Constituency in Oti Region, conflicting with an Electoral Commission press release dated May 16, 2024. The release acknowledged the illegal impact of allowing SALL voters to participate in Buem Constituency elections.

The final address emphasized that C.I. 119, which altered district compositions, was invalid, and no constituency should span multiple regions per Article 47(2) of the Constitution. The reliefs sought pertain exclusively to the Hohoe Constituency election.

The Electoral Commission was to file its submissions by July 9, 2024, while Amewu had until July 12, 2024. The High Court, Ho, presided over by Justice Owoahene Acheampong, is scheduled to deliver its judgment on July 29, 2024.