Supreme Court adjourns case against James Quayson to May 31

The Supreme Court has adjourned to May 31, 2022, the case seeking to restrain embattled Assin-North Member of Parliament, James Gyakye Quayson from holding himself as a legislator.

The plaintiff, Michale 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.

Prior to the final determination of the substantive case, the Supreme Court on April 13, 2022, by a decision of 5 to 2 upheld an injunction application by the plaintiff and thus injuncted the Assin North MP, James Gyakye Quayson.

Subsequent to the above, James Gyakye Quayson filed a review of the decision by the Ordinary Bench of the Supreme Court. 

He argues among others that:“The majority decision was in patent and fundamental error in granting an order of interlocutory injunction pending the determination of the suit when what the Applicant was seeking by this application was for the execution of decisions in the courts below and this error occasioned a gross miscarriage of justice against the 1st defendant/respondent,” he said in his review application.

When the case was called today, May 17, 2022, the Court’s Registrar announced that Mr. Quayson’s review has been additionally adjourned to May 31, 2022. 

Furthermore,  a review motion, involving the Court of Appeal, Cape Coast and James Gyakye Quayson has also been adjourned to May 31, 2022.

On May 11, 2022, the Supreme Court of Ghana in a unanimous decision dismissed a certiorari application filed by the Mr. Quayson against the Court of Appeal, Cape Court for striking out his appeal processes.

Delivering its ruling, the five-member panel presided over by Justice Jones Dotse, with Justices Nene Amegatcher, Professor Nii Ashie Kotey, Gertrude Torkornoo and Clemence Jackson Honyenuga as members, noted that after considering the applicant's case and responses from interested parties, it has come to the conclusion that the application lacks merit thus dismissed the same.

“It is our considered view that there is no merit in the said application and it is accordingly dismissed,” the court held.

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.