Assin North case: Supreme Court will deal with issues appropriately - Court tells counsel

The Supreme Court has served notice that it will as always deal with the pending Assin North Parliamentary injunction case appropriately.

The court, presided over by Dotse(JSC) told counsel for the first defendant that it was on top of its game and thus will deal with the issues appropriately.

This follows a continuous insistence by Mr Tsikata, counsel for the injuncted MP, who impressed on the court to tackle their issue first before all others.

Per the said issue, the first defendant has raised a jurisdictional matter relative to the power of the court to entertain such a writ.

This, however, didn't go down well with the court because, to the panel, it created the impression as if Mr. Tsikata was telling them how to do their work.

Subsequently, the court in its direction adopted the separate issues filed by the plaintiff, Micheal Ankomah-Nimfah, and the first defendant, James Gyakye Quayson.

The court has meanwhile adjourned the case to May 17, 2023 for judgment.

Background

Mr. Quayson polled 17,498 votes against 14,793 by the New Patriotic Party's (NPP's) Ms. Abena Durowaa Mensah in the December 7, 2020, parliamentary election.

However, on December 30, 2020, a resident of Assin North, Mr. Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr. Quayson to be a Member of Parliament (MP).

He contended that the MP was not eligible on the basis that at the time he (Hon. Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.

His election was therefore annulled by the Court; ordering the organization of a 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 a 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.

Subsequently, on February 1, 2022, the applicant Michael Ankomah-Nimfah, filed a writ seeking the interpretation of Article 94 (2a) and an injunction of the Member of Parliament from holding himself as such.

The petitioner also contended that Hon Quayson was not eligible on the basis that at the time of filing his parliamentary nomination, he held citizenship of another country (Canada) in addition to Ghana.

The plaintiff, Michale Ankomah-Nimfah is seeking among others a declaration that upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution, James Quayson held Canadian Citizenship at the time of contesting the 2020 Parliamentary election and thus was not eligible to do the same.

Prior to the final determination of the substantive case, the Supreme Court on April 13, 2022, by a decision of 5 to 2 upheld the injunction application by the plaintiff and thus injuncted the Assin North MP, James Gyakye Quayson.