A Ho High Court had cause to defer delivery of an election petition judgment after a party filed late papers seeking to respond to the contents of the said petition.
The party in question is Hohoe Member of Parliament,John Peter Amewu, who was the second respondent in a case that included the Electoral Commission as the first respondent.
The case was brought against the two respondents by petitioner Professor Margaret Kwaku, the losing candidate in the Hohoe Constituency in the 2020 elections.
In an update on the status of the prtition, IMANI Africa boss, Franklin Cudjoe outlined how on December 21, 2023; Justice Owoahene Acheampong told the court that he had to defer judgment on the case because of papers filed when he was getting ready to read his judgment.
He also disclosed the excuse advanced by Amewu’s lawyer for the late filing as well as the response of the petitioner’s lawyer, Tsatsu Tsikata and that of the EC’s lawyer on the case.
“After Justice Owoahene Acheampong had heard from all the three lawyers, he brought forward the hearing of the application for late filing by 2nd Respondent of the answer to the petition to that day and gave Honourable Peter Amewu fourteen days from the 21st December 2023 to file his answer.
“The court accepted the entry of appearance filed on behalf of Honourable Peter Amewu though filed late.
“The motion for the ruling of the court on the motion for judgment on admissions to be arrested was also fixed for 9th January 2024,” his post on Facebook dated January 2 read in part.
Read his full post below:
SALL Election Petition Update: Honourable Peter Amewu applies for late filing of answer to Election Petition
On 21st December 2023, at the High Court, Ho, in the case brought against the Electoral Commission and Honourable Peter Amewu by Professor Margaret Kwaku and other Petitioners, the presiding judge, Justice Owoahene Acheampong was to have delivered a ruling on a motion for judgment based on admissions made by the Electoral Commission.
However, he indicated that just as he was finalizing his ruling for delivery that day, certain papers had been filed in the Court by a lawyer on behalf of the 2nd Respondent to the Petition, Honourable Peter Amewu.
Justice Owoahene Acheampong indicated that the 2nd Respondent was asking for time to file his answer to the Petition and was also asking for the arrest of the ruling scheduled for that day.
These applications on behalf of the 2nd Respondent had been set for hearing on 22nd January 2024.
Mr. Benedict Kofitse, the lawyer who filed the papers on behalf of Honourable Peter Amewu, was in court.
Counsel for the Petitioners, Mr. Tsatsu Tsikata, indicated that he had not been served with any of the papers. He would, however, not be opposed in principle to Honourable Peter Amewu being given the chance to file his answer to the Petition even though this was belated.
Mr. Tsikata stated that it was not necessary to wait until 22nd January 2024 for this to happen, since there was no opposition to the application and the court could bring forward the hearing of that application and make the order for the belated filing of the answer.
He emphasized that there was urgency about the situation of the SALL Traditional Areas not having representation in the 8th Parliament of the 4th Republic even as the final year of that Parliament was approaching.
As regards the application to arrest the ruling on the application for judgment based on admissions made by the Electoral Commission also, Mr. Tsikata suggested that an earlier date than 22nd January 2024 should be fixed.
Counsel for the 1st Respondent, the Electoral Commission, Mr. Sakyi Boapong, indicated to the court that he had been served with the papers filed on behalf of Honourable Peter Amewu and stated that he would need time to file a response to the application for arrest of the ruling that was to have been delivered that day. but which could not be delivered in view of the application.
After Justice Owoahene Acheampong had heard from all the three lawyers, he brought forward the hearing of the application for late filing by 2nd Respondent of the answer to the petition to that day and gave Honourable Peter Amewu fourteen days from the 21st December 2023 to file his answer.
The court accepted the entry of appearance filed on behalf of Honourable Peter Amewu though filed late.
The motion for the ruling of the court on the motion for judgment on admissions to be arrested was also fixed for 9th January 2024.
Respectfully yours,
Franklin Cudjoe (Lolobi)
SALL
