Assin-North MP’s review application: Supreme Court adjourns to May 17

The Supreme Court has adjourned to May 17, 2022, a review application by the embattled Assin-North Member of Parliament (MP), James Gyayke Quayson.

When the case was called today, May 10, 2022, the Court’s Registrar announced that May 17 was the new date for the hearing.

Mr. Quayson’s application is seeking to overturn the Supreme Court judgment on April 13, 2022, restraining him from holding himself as an MP, or from performing any parliamentary duty, until the substantive application by Michael Ankomah-Nimfah is determined. 

Through his lawyers, Mr. Quayson filed the application on April 26, 2022, arguing among other things that the court’s April 13, 2022 decision “was in patent and fundamental error and violated article 129(3) of the Constitution.”

He said the decision of the court failed to appreciate that the suit was in reality an attempt to enforce the decision of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court.

Background

On April 13, 2022, the Supreme Court upheld an injunction application by Michael Ankomah Nimfah thus restraining the Assin North MP, James Gyakye Quayson from holding himself as an MP for the constituency.

By a 5-2 ruling, the court said the application from Michael Ankomah Nimfah succeeds.

On February 1, 2022, the applicant Michael Ankomah-Nimfah, a private citizen 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.