SC adjourns to July 12, Quayson's review motion against Court of Appeal
In Mr. Quayson’s motion, he argues that the Court of Appeal acted arbitrarily by striking out appeal processes before it because his lawyers had prompted the court, presided over by Justice Irene Charity Larbi of a motion they had filed that sought to disqualify the same from presiding on the case.
The Supreme Court has adjourned to July 12, 2022, a review motion against the Court of Appeal by Assin-North Member of Parliament, James Gyakye Quayson, where he seeking to restore processes struck out by the Court of Appeal.
On March 22, 2022, the Court of Appeal presided over by Justice Irene Charity Larbi ordered all applications before the panel in the name of the MP to be struck out for want of compliance with the court’s procedure.
However, in Mr. Quayson’s motion, he argues that the Court of Appeal acted arbitrarily by striking out appeal processes before it because his lawyers had prompted the court, presided over by Justice Irene Charity Larbi of a motion they had filed that sought to disqualify the same from presiding on the case.
The application states however that even though the motion was supposed to be heard on March 24, 2022, the appellant’s counsel, Tsatsu Tsikata, was not permitted to espouse reasons for the substantive case before the court to be kept on hold.
The Supreme Court on May 12, 2022, dismissed the application on grounds that it had no merit. However, Mr. Quayson filed a new motion, seeking a review of the said decision.
Thus, when the case was called today, June 14, 2022, Chief Justice Kwasi Anin-Yeboah announced to an open court that the case suffered an adjournment because a panel member, Justice Gertrude Torkornoo had just received news of the passing of her dad. He also assured the Court will find a replacement in due course.
The Court additionally adjourned to the same date, the substantive case against Mr. Quayson where a private citizen, Michael Ankomah-Nimfah 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.
Background
Mr. Quayson polled 17,498 votes against 14,793 by the New Patriotic Party's (NPP's) Ms. Abena Durowaa Mensah in the December 7, 2020, parliamentary election.
However, on December 30, 2020, a resident of Assin North, Mr. Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court to challenge the eligibility of Mr. Quayson to be a Member of Parliament (MP).
He contended that the MP was not eligible on the basis that at the time he (Hon. Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.
Furthermore, he argued that such an act was against the express provision of Article 94 (2) (a) of the 1992 Constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).
Among other reliefs, the applicant prayed the Cape Coast High Court to declare the nomination filed by Mr. Quayson “illegal, void, and of no legal effect”.
He also sought a declaration that the decision by the EC to clear Mr. Quayson to contest as a parliamentary candidate was “illegal, void, and of no legal effect”.
Again the applicant prayed the court for orders to restrain Mr. Quayson from holding himself as the MP-elect for Assin North and canceling the parliamentary election that took place in Assin North on December 7, 2020, respectively.
Therefore in July 2021, a Cape Coast High Court annulled the 2020 Parliamentary Election for the Assin North Constituency and perpetually restrained James Gyakye Quayson from holding himself as the MP for the Assin North Constituency.
According to the court, Hon. Quayson's nomination and subsequent election were in contravention of Act 94(2) and Section 92(A) of the Representation of People’s Act(PNDCL 284).
The MP, Mr. Gyakye Quayson thus went to the Court of Appeal, Cape Coast to overturn the High Court judgment nullifying his election as Member of Parliament.
Subsequently, the plaintiff in the original suit, went to the Supreme Court, seeking the apex Court to injunct the MP for holding himself as such for his constituent.
He among others sought 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.
As a result, the Supreme Court by a decision of 5 to 2 upheld the plaintiff’s claim and thus injuncted the Assin North MP, James Gyakye Quayson on April 13, 2022, pending the determination of the substantive suit before it.
