Application against Court of Appeal: SC throws out MP’s

The five-member panel of the Supreme Court has dismissed an application by the Assin-North Member of Parliament, James Gyakye Quayson, in which he was seeking to quash the decision of the Court of Appeal relative to the interpretation of Article 94 (2)(a) of the 1992 Constitution.

The MP initiated this action in January this year to invoke the Supervisory Jurisdiction of the apex Court on whether or not a legal argument could be made before any reference of a constitutional question could be made to the Supreme Court.

However, in a unanimous decision, the panel consisting of Justice Gabriel Pwamang, Justice Agnes Dordzie, Justice Gertrude Torkornoo, Justice Clemence Honyenuga, and Justice Yonny Kulendi dismissed the application altogether.

Another application by the MP to stay appeal proceedings at the Court of Appeal was also dismissed by the panel of justices in a 3-2 majority decision.

Background

The Cape Coast High Court on the 28th July 2021, nullified the election of Mr. Quayson indicating that he owed allegiance to another country(Canada) at the time of filing his nomination to contest in the 2020 General election.

His election was therefore annulled by the Court; ordering the organization of fresh election in the constituency and injuncted the MP from holding himself as a Member of Parliament.

Mr. Gyakye Quayson then filed an application at the Court of Appeal in a quest to overturn the High Court judgment nullifying his election as Member of Parliament.

However, unsatisfied with the Court of Appeal's decision not to refer to the interpretation of Article 94 (2), Mr. Quayson moved to the Supreme Court, seeking to quash the decision of the Appellate Court.