Court of Appeal dismisses Quayson's application for Stay of Proceedings

The Court of Appeal has in a unanimous decision dismissed the application for stay of proceedings from Assin-North MP James Gyakye Quayson.

Mr. Quayson was challenging the 16th and 23rd June ruling of the High Court to hear his criminal case on a daily basis. His side argued that the decision of the High Court was per incuriam and therefore a violation of Article 129 (4) and 296 (b) of the 1992 Constitution. 

But in its ruling today, a three-member panel of the Court of Appeal held that there was no exceptional circumstance to grant the applicant’s request.

The panel also ruled that Mr. Quayson had failed to prove how the day-to-day hearing of his criminal case affected his right to a fair trial under Article 296 of the 1992 Constitution. 

“We have averted our minds to the provisions in the constitution, the Baffoe Bonnie case, and effective case management strategy as published, as we understand, the learned judge in making that decision acted within the remits of the law and we are unable to agree that his right to fair trial has been curtailed. 

We have paid attention to alleged prejudicial comments by the President, AG, and other ministers, those comments are extrajudicial and the trial judge did not make any decision based on those comments.”

“It has not been demonstrated before us that the order before the trial judge goes anywhere near any breach of the constitution. It has also not been demonstrated that the ruling was arbitrary, capricious or bias. No exceptional circumstance has been demonstrated. The application is hereby refused," the panel presided over by Justice Henry Kwofie stated.