List my injunction case before you rise for legal vacation – James Gyakye Quayson prays Supreme Court

The injuncted Member of Parliament for Assin North, James Gyakye Quayson has filed his written arguments in support of a motion to strike out the injunction suit before the apex court.

The Supreme Court on April 13, 2022, by a decision of 5 to 2 upheld an injunction application by the applicant and duly injuncted James Gyakye Quayson from holding himself as an MP.

The plaintiff, Michael Ankomah-Nimfah per his suit which invokes the original jurisdiction of the court 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.

On Tuesday, July 12, 2022, Tsatsu Tsikata, counsel for the MP prayed the Supreme Court for leave to file arguments in support of a motion filed by his side which seeks to strike out the injunction suit invoking the court’s original jurisdiction.

In its ruling, the court, presided by Justice Jones Dotse granted the leave but directed the first defendant (Mr. Quayson) to file his written arguments and supplementary Statement of Case within 14 days, and adjourned the case sine die.

However, on July 13, 2022, James Gyakye Quayson duly filed his supplementary Statement of Case per the orders of the court and thus per a letter signed by a member of his legal team, is praying the Supreme Court to list his case before they rise for legal vacation due to its nature, which bothers on representation.

"In view of the obvious urgency of this case, particularly its significance for the representation in Parliament of Ghanaians in the Assin North Constituency, we respectfully ask the case be listed before the vacation." the supplementary Statement of Case reads in part

Further to the above, the MP notes that the apex court lacks jurisdiction in the matter per-determined previous authorities.

He adds that the court had settled per article 99 of the Constitution and section 16 of the Representation of People Act (PNDCL 284) that it has no jurisdiction to entertain a suit that involves invalidating the results of a parliamentary election.

Also citing the cases of Yeboah v JH Mensah, and Bimpong-Buta v General Legal Council among others, the embattled MP per counsel notes that the injunction suit is dressed up as an invocation of the original jurisdiction of this court under article 130 or a suit for the enforcement of the Constitution under article 2 thus prays on the court to strike out the same.

He is thus praying the apex court of the land to list his case before their Lordships rise for this year’s legal vacation.

Background

The Cape Coast High Court on the 28th of July 2021, nullified the election of Mr. Quayson indicating that he owed allegiance to another country(Canada) at the time of filing his nomination to contest in the 2020 General election.

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 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.

A teacher and resident of Yamoransa in the Central Region, Micheal Ankomah-Nimfah filed an originating writ from the High Court’s decision seeking the Supreme Court to injunct the MP, James Gyakye Quayson from holding himself as a legislator for the residents of Assin North.