James Quayson’s criminal case: Court of Appeal dismisses application for stay of proceedings
He particularly wanted the Court of Appeal to put his trial on hold, following a yet to be decided motion for the trial court to strike out some of the charges levelled against him.
A three-member panel of the Court of Appeal presided over by Justice Henry Anthony Kwofie, has dismissed an application for Stay of Proceedings by embattled Assin-North Member of Parliament, James Gyakye Quayson.
Mr. Quayson’s application sought to halt his criminal case at the High Court, where he is being tried for perjury and forgery of passport.
He particularly wanted the Court of Appeal to put his trial on hold, following a yet to be decided motion for the trial court to strike out some of the charges levelled against him.
However, the Court of Appeal dismissed the application on grounds that he failed to prove any exceptional circumstances for the granting of the application.
“The threshold to persuade this court for a grant of stay of proceedings is exceptional circumstances. The applicant has not been able to show exceptional circumstances to warrant the stay of proceedings,” the court said.
The MP has been charged by the state with five counts of perjury and forgery of passport.
According to the charge sheet filed at the High Court and signed by the Director of Public Prosecutions at the AG Department, the MP has been charged as follows;
1.A first charge of “deceit of public officer” contrary to the Criminal Offences Act, 1960(Act 29).
According to the charge sheet, the MP, James Quayson made a false statement to the Ministry of Foreign Affairs in 2019 that he did not have dual citizenship in acquiring a Ghanaian passport which he did not have a good reason to believe to be true.
2. Forgery of passport which is contrary to Section 15(1) of the Passports and Travel Certificates Act, 1967 (NLCD 155).
Prosecutors indicate that the MP made in 2019, a false statement at the Passport Office in Accra that he did not have dual citizenship.
3. Additionally, the MP faces a charge of ‘Knowingly making a false statutory declaration’, contrary to section 5 of the Statutory Declarations Act, 1971 (Act 389).
The charge sheet indicates that Hon. Quayson made a statutory declaration at Assin Fosu that he did not owe allegiance to any other country other than Ghana.
4. The fourth charge is ‘Perjury’ contrary to section 210(1) of the Criminal Offences Act, 1960 (Act 29).
The charge sheet indicates that Hon. Quayson made a statutory declaration at Assin Fosu that he did not owe allegiance to any other country other than Ghana.
5. Finally, ‘False declaration for office’ contrary to section 248 of the Criminal Offences Act, 1960 (Act 29).