Tsatsu Tsikata Calls for Nullification of Hohoe Election

Tsatsu Tsikata, the Duke of advocacy in Ghana, has filed the final address for the Petitioners in the SALL (Santrokofi, Akpafu, Lolobi, and Likpe) case at the High Court in Ho on 9th July 2024. This submission follows the court’s directive from 2nd July 2024, urging the annulment of the 7th December 2020 election of John Peter Amewu as the Member of Parliament (MP) for the Hohoe Constituency. The case has attracted significant attention due to its implications for electoral integrity and voters’ rights.
Key Arguments and Legal Basis
Tsikata’s submission argues that the election violated Section 20(1) of the Representation of People Law (PNDC Law 284), citing multiple constitutional breaches by the Electoral Commission (EC). He highlighted that 17,688 voters from the SALL communities were excluded from voting, thereby denying their fundamental human right. Tsikata urged the court to declare the election void and issue a writ for a fresh election, including SALL voters.
Constitutional Instrument (C.I.) 112 and SALL Areas
A central point in Tsikata’s argument is the interpretation of C.I. 112, which established the Oti Region. He contends that this Instrument did not incorporate the SALL areas into the Oti Region but rather left them within the Hohoe Constituency in the Volta Region, as per C.I. 95 of 2016. This position is bolstered by the Electoral Commission’s admission in response to requests to admit facts, affirming that SALL areas were part of Hohoe Municipality when C.I. 112 was enacted.
Actions of the Electoral Commission
The EC’s decision, announced on 6th December 2020, to restrict SALL voters to the presidential ballot only, is a focal point of Tsikata’s address. He argues that this decision disenfranchised SALL voters and violated constitutional provisions, thereby compromising the election’s integrity. Tsikata asserts that the EC’s actions were arbitrary and capricious, contravening articles 23 and 296(a) and (b) of the Constitution.
Disputed Validity of C.I. 128
Tsikata challenges the legality of C.I. 128, which attempted to reallocate SALL areas to the Buem Constituency in the Oti Region. He referenced a recent EC press release from 16th May 2024, acknowledging that this reallocation would contravene Act 936 by creating an MP serving multiple district assemblies. Tsikata argues that there was no lawful basis for preventing SALL voters from participating in the Hohoe Constituency election.
Constitutional Violations
Tsikata further contends that the EC lacked the authority to alter district compositions, rendering C.I. 119 invalid. He also argues that C.I. 128’s bundling of SALL areas with the Jasikan District violated article 47(2) of the Constitution, which prohibits constituencies from spanning multiple regions.
Reliefs Sought
The Petitioners are seeking a court declaration voiding Amewu’s election, an order for a fresh election in the Hohoe Constituency including SALL voters, and an injunction against Amewu holding himself out as the MP until the case is resolved. These measures aim to enforce the fundamental rights of SALL voters and ensure their representation in the 8th Parliament of the 4th Republic.
Awaiting Judgment
The High Court, presided over by Justice Owoahene Acheampong, is set to deliver its judgment on 29th July 2024. The Electoral Commission and Amewu were given deadlines of 9th July and 12th July 2024, respectively, to file their submissions, setting the stage for a landmark ruling that could have far-reaching implications for Ghana’s electoral processes and voter rights.
Conclusion
As the legal proceedings continue, the case underscores the critical importance of upholding electoral integrity and the fundamental rights of voters. The High Court’s decision will not only impact the Hohoe Constituency but also set a precedent for addressing similar issues in Ghana’s democratic processes.

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