Connect with us

Politics

Gabby Asare Otchere-Darko Clashes With Lawyer Tsatsu Tsika Over His Injunction Against Amewu

Published

on

Gabby Otchere Darko and Tsatsu Tsikata

Loudmouth legal practitioner, political analyst, and a staunch member of the ruling New Patriotic Party, Gabby Asare Otchere-Darko has penned an emotional but thoughtful message to ace lawyer Tsatsu Tsikata over his injunction against Amewu. 

Lawyer Tsatsu Tsikata has been in the news for all the legal reasons after the largest opposition National Democratic Congress (NDC) made it an option to seek redress on the just ended 2020 elections in court.

The message reads:

TSATSU’s LEGASHI MOVE AGAINST HOHOE
On 23rd December, Justice George Buadi, a High Court judge in Ho, granted an interesting injunction to stop the gazetting of Peter Amewu as MP-elect of Hohoe. The gazetting had already taken place the previous day. So the injunction was of no effect but still an order of the court!
In making the case for the injunction, Tsatsu Tsikata argued that residents of Santrofi, Akpafu, Likpe, and Lolobi, communities which were previously part of Hohoe constituency, were only allowed to vote for a presidential candidate and not for an MP in 2020 and that was a breach of their constitutional right. For that matter, Mr Amewu was not legally elected, so even before the substantive matter is heard, the MP-elect must be stopped from holding himself as such.
It is what I call “Legashi” – or legal takashi. Knowing very well you have no case in law but using all the tricks in and out of the book to abuse and frustrate an otherwise proper process.
I say so for many reasons including the ff:
(1) There is a High Court in Hohoe, which should have been the proper forum for the plaintiffs’ lawyers to go. But they chose to go to Ho. Why?
(2) Incidentally, the judge they went before was, in his previous life, twice NDC MP for Amenfi East from 1993-2001. He curiously granted the injunction which was deliberately sought on the blind side of the other interested parties, namely the MP-elect, the Hohoe voters who had rightly exercised their franchise and the EC.
(3) The injunction was to stop something that had already taken place prior to the application. You cannot seek to stop the doing of a thing that is already done.
4) The Supreme Court had six months earlier ruled in another related case that the only place those same affected voters could vote since the creation of the Oti Region was in Oti Region and not Hohoe in the Volta Region. This is because the Constitution is clear that a constituency cannot fall into two regions and the decision to create a new region was constitutional even if it ended up splitting a constituency into two regions and that it was up to the EC to ensure, when the opportunity arises that the displaced voters eventually find a new constituency to vote. It is, therefore, not the fault of the MP-elect or the legal voters of Hohoe that the people of those affected communities did not have a constituency to vote in. It is legashi at its worst!
More so, curiously attached to the application argued by Mr Tsikata was the Supreme Court decision of 24th June, 2020, where the court ruled, per G Pwamang, JSC, and by a unanimous decision that “the traditional areas of Santrokofi, Akpafu, Likpe, and Lolobi which fall within the Oti Region are stated to be part of the Hohoe Constituency which is in the Volta Region and to the extent of that inconsistency CI 95 (enacted in 2016 which placed the above areas within Hohoe) is unconstitutional… Accordingly, we order the Electoral Commission to amend CI 95 to bring it in conformity with CI 112 (which led to the creation of the Oti Region from Volta). Such amendment shall take effect upon the next dissolution of Parliament, that is after midnight of 6th January, 2021.” The ratio of the decision was that voters in the affected communities could no longer vote in Hohoe!
Later on the Guan District was created in Oti Region but not in time for the residents to have a new constituency created for them that would have allowed them to vote for a parliamentary candidate.
The phenomenon of some voters being limited to only participating in presidential elections is not new. Ghanaian diplomats posted overseas and international students are among the groups who ordinarily vote in presidential polls but not in parliamentary elections because they are deemed not to have constituencies.
To allow the plaintiffs who went to the Ho High Court to succeed with this blatant mischief over a case that has absolutely no chance of success on the substantive matter itself is a blatant and despicable abuse of the judicial process. It is the kind of legashi that should not be countenanced.
Why are they now seeking to serve Mr Amewu with a fresh application? Well the ex parte order is about to expire (and will expire before 6th January) and they are desperate to stop Mr Amewu from adding to the seats held by the NPP. So Mr Tsikata’s clients seek to serve the MP-elect with a new application on notice which they hope will act to stop him from participating in the election of a new Speaker and being subsequently sworn in as the Member for Hohoe.
The truth is, whatever it is that they are seeking to do has no basis in law as far as the election of a Member of Parliament for Hohoe is concerned. They are entitled to take the system on for denying them their right as residents of Ghana to be represented by an MP. But the right should and could not be extended to overturning other voters of a constituency their decision on December 7 to have duly elected their MP for the eight Parliament.
The legal route taking by Mr Tsikata and co is a simple matter of using legashi to deny the NPP the majority of one needed to choose the next Speaker of Parliament and to sit on the majority side of the House on January 7. It cannot be about addressing the grievance of the disenfranchised people of SALL in substance.
Mr Tsikata is experienced and knowledgable enough to know that his clients have no case in pursuing this route. He intends to misuse the law to achieve an unlawful end.
If this is the case the NDC seeks to push against Peter Amewu of the NPP then what if a similar stick is used against Kofi Adams of the NDC in the Buem Constituency where it may also be argued that parts of those traditional areas fell before the creation of the Guan District? Being sharp may not always be smart.


Source: www.GhanaCNN.com

ADV
Click to comment

Leave a Reply

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

Politics

What Is Your Problem ? – NDC MP Runs After Sammy Gyamfi For Answers

Published

on

Girlfriend of Sammy Gaymfi

The Member of Parliament (MP) for the Yapei- Kusawgu constituency of the Savannah Region, Hon John Abdulai Jinapor has said that money cannot influence some of them but they were helpless because there is too much-vested interest within the National Democratic Congress (NDC) caucus in parliament.

John Jinapor who was a Deputy Minister of Energy under former President John Dramani Mahama’s government made these comments after an unending confusion in the NDC over the approval of Ministers-designate who the party leadership felt did not merit to be approved after their vetting.

Many members of the NDC are not happy and have publicly lambasted their MP’s and as well accused them of taking bribes before approving the New Patriotic Party (NPP) Ministers.

The issue became more serious after the Communications Director for the NDC Sammy Gyamfi in a viral post on Facebook blamed the Speaker Alban Sumana Bagbin, Mohammed Muntaka and Haruna Iddrisu indicating that they superintended the approval for their parochial interest.

But Hon John Abdulai Jinapor came out with his version of what transpired and wrote; “Money can never influence some us but we were helpless. Every nominee you suggested for target, someone from within us was ready to canvass why he or she should be passed”.

He further disclosed; “The problem is that there is too much vested interest in Parliament. Almost every NDC MP had a particular candidate who he/she thought should be shielded”.

He added; “Almost every nominee had a certain support base from within the NDC caucus; Tribal, friendship, business, regional, religious alliances etc”.

The Yapei- Kusswgu MP said; “At point, we were fighting amongst ourselves as to who should be included in the ‘rejection’ list”. The Minority leader then suggested we reject every nominee since we did not even recognise the legitimacy of Akufo-Addo but that was equally resisted”.

Source: www.GhanaCNN.com

ADV
Continue Reading

News

As I Was On My Knees Praying God Asked Me To Tell Mahama This- Prophet Salifu Amoako Reveals A Hidden Secrete

Published

on

As I Was On My Knees Praying God Asked Me To Tell Mahama This- Prophet Salifu Amoako Reveals A Hidden Secrete

Bishop Elisha Salifu Amoako, the founder and leader of Alive Chapel International, has stated that former President John Dramani Mahama’s decision to go to court after the 2020 elections was borne-out of false hope provided by some people around him.

“I believe that some people and some lawyers in the NDC did not give Mahama good advice,” he told the media after the Supreme Court ruling on Thursday, March 4, 2021. They pushed Mahama to go to court, assuring him that he would win the case; they gave him hope that the case would be in his favor.”

“Mahama and his legal team were not thorough in their research. I was asking Mahama to accept defeat prophetically, and if he had, the case would not have progressed to this stage, wasting money and time in court,” he added.

He, on the other hand, praised the NDC Flagbearer for going to court rather than creating a ruckus among his supporters over the election outcome.

“As a result, we must applaud President Mahama and the NDC for going to court rather than using machetes to press their demands,” he said. The NDC should be commended for how they managed the 2020 election because they could have wreaked havoc on the nation.

“We cannot claim that Mahama and the NDC made a mistake by going to court to raise their concerns about the 2020 election; it is their legitimate right to do so because the same court has the authority and power to decide the matter.”

Source: www.GhanaCNN.com

ADV
Continue Reading

News

I Have Sacrificed Enough For The Party- Angry Sammy Gyamfi Speaks

Published

on

I Have Sacrificed Enough For The Party- Angry Sammy Gyamfi Speaks

The opposition National Democratic Congress’s National Director of Communications, Sammy Gyamfi, has described his recent scathing criticism of his party’s caucus in Parliament and the Speaker.

Sammy Gyamfi described Minority Leader Haruna Iddrisu, Minority Chief Whip Muntaka Mubarak, and NDC-backed Speaker of Parliament Alban Bagbin as having betrayed the party for their own selfish interests in a Facebook post last week.

His criticism came in the wake of President Akufo-controversial Addo’s approval of some of his ministerial nominees.

Sammy Gyamfi, responding to his critics on the pro-NDC radio station Power FM, said:

“I fully understand that as a member and leader of the party, you should not address every topic openly. However, those topics, in my view, I shared because of their far-reaching implications for the group, its future, and its base. It might be necessary at times for someone to make a sacrifice. In my humble opinion, I may be wrong because no one wants to step on anyone’s toes or turn a friend into an enemy, but there are times when someone must sacrifice for the greater good,” he said.

“You could see that we were in a position of need, and our goals and everything were dependent on our MPs,” he continued. So we were at a crossroads, on the verge of collapse, and needed something to re-energize us for the four-year reorganization process ahead of us. So, when all our leadership did behind closed doors that I can’t reveal was brazenly and blatantly set aside as a consensus was reached, and you consider the effect on the group, I felt that someone needed to be called out at some point.”

He mentioned that he has no personal grudges against any member of the NDC leadership in Parliament, but that he will continue to support his acts as a well-thought-out act aimed at the NDC’s greater good.

Source: www.GhanaCNN.com

ADV
Continue Reading

Trending