Post criminal summons at residence of Assin-North MP – High Court orders

The Accra High Court has ordered prosecutors to post a criminal summons at the Manet Estate home of the Assin-North Member of Parliament, James Gyakye Quayson.

The MP has been charged by the state on five counts of perjury and forgery of passport.

Prosecutors say several efforts to serve the MP with the summons, have failed and they rather asked the court to issue a bench warrant for his arrest.

“Respectfully, with the attempts made to effect service and the fact that at every time, the police or bailiffs are told the accused persons has gone out, a bench warrant should be issued for his arrest to enable him to appear before the court for trial,” Director of Public Prosecution (DPP) Yvonne Attakora Obuobisa told the court.

However, the court presided over by Justice Mary Maame Ekue Nsenkyire ordered that a criminal summon, charge and fact sheet be posted at his home at Manet Estate.

The case has further been adjourned to February 15, 2022.

Background

On July 28, 2021, the Cape Coast High Court nullified the 2020 parliamentary election results of the Assin North Constituency.

Justice Kwasi Boakye, the presiding judge called for a fresh election to be conducted for the Assin North constituency by the Electoral Commission.

The judge also injuncted Hon James Quayson from holding himself as the Member of Parliament of the Constituency.

The above was the outcome of a Parliamentary election petition filed by Michael Ankomah-Nimfa to challenge the validity of James Quayson as a properly elected Member of Parliament arguing that at the time of filing his nomination to contest for the election, Hon Quayson owed allegiance to another country(Canada) in addition to Ghana and had not renounced same.

The petitioner further argued that it is a violation of Article 94(2a) for James Quayson to hold himself as the MP of the Assin North Constituency. Thus called on the court to declare the election as null and void.

The MP then filed an action at the Court of Appeal against the decision of the Cape Coast High Court.

Unsatisfied, he later filed a motion, which is currently at the Supreme Court, seeking to quash the decision of the Court of Appeal relative to the interpretation of Article 94 (2a) of the 1992 Constitution.

Also, on February 1, 2022, the NPP sought to secure an injunction at the Supreme Court barring Hon. Quayson from holding himself as an MP.

The NPP’s Director of Elections, Evans Nimako indicated after proceedings that the Party is in the Supreme Court to seek interpretation of Article 94(2A) and get the Court to injunct the MP.

In the High Court on February 3, 2022, state prosecutors notified the court that it had not been able to serve the MP thus asked for an adjournment to be able to serve the accused.

The Court, therefore, acceded to the request of the prosecutors and adjourned proceedings to February 9, 2022.