Assin North MP back to Court of Appeal ; Files appeal, Motion to re-list case
In his fresh writ, Hon. James Gyakye Quayson argues that “serious errors of law in the decision of the Court [of Appeal] on March 22, 2022” and that “if a stay is not granted in respect of that decision, it would amount to the Court of Appeal being allowed to infringe the Rules of the Court.
The embattled Member of Parliament for Assin North, James Gyakye Quayson has filed a motion to relist the appeal processes struck out by the Court of appeal.
Further to the above, he has filed an appeal against the decision of the Honourable Court to strike out the same.
An appeal case by the embattled Member of Parliament for Assin North, James Gyekye Quayson was struck out by the Court of Appeal on March 22, 2022, for want of compliance with the court’s procedure.
The presiding judge, Irene Charity Larbi JA while delivering her judgment, noted that the appellant, James Quayson had failed to submit his written submission within the stipulated time thus ordered all applications before the panel in the name of the MP to be struck out.
In his fresh writ, the MP argues that “serious errors of law in the decision of the Court [of Appeal] on March 22, 2022” and that “if a stay is not granted in respect of that decision, it would amount to the Court of Appeal being allowed to infringe the Rules of the Court under which it is required to operate as well as to ignore binding decisions of the Supreme Court and fundamental rules of natural justice with impunity, and thus undermining fundamental tenets of constitutional governance and the rule of law.”
Additionally, he says that there would be a likely multiplicity of suits with respect to the representation in Parliament of the people of the Assin North if the execution of the High Court decision is not stayed
The MP adds further “That if the Court of Appeal decision striking out the appeal is not stayed, success in the re-listing or the interlocutory appeal could be rendered nugatory because the judgment of the High Court and the striking out of the appeal by the Court of Appeal would have taken effect,”
Moreover, he indicates that failure to put a hold on the decision of the Court of Appeal which will directly affect the High Court judgment, will “not only occasion an irreparable injustice and damage to the people of the Assin North Constituency and the Applicant but would also lead to the 2nd Respondent [Electoral Commission] having to expend significant financial resources in organizing a by-election.
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 to challenge 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.
Furthermore, he argued that such an act was against the express provision of Article 94 (2) (a) of the 1992 Constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).
In July 2021, a Cape Coast High Court presided over by Justice Kwasi-Boakye annulled the 2020 Parliamentary Election for the Assin North Constituency and perpetually restrained James Gyakye Quayson from holding himself as the MP for the Assin North Constituency.
Also on Wednesday, April 13, 2022, the Supreme Court of Ghana by a Majority of 5-2, granted an injunction application filed by Micheal Ankomah-Nimfah restraining the Member of Parliament for Assin North from holding himself as a legislator.
