Supreme Court adjourns James Quayson’s case to June 14, 2022

The Supreme Court has adjourned to June 14, 2022, the cases involving embattled Assin-North MP, James Gyakye Quayson.

The cases in question relate to the substantive matter 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.

The second relates to review motions - one where Mr. Quayson is asking the Court to review its April 13, 2022 decision where by a majority of 5 to 2, the Court upheld an injunction application by the plaintiff Michael Ankomah-Nimfah, and thus injuncted the Assin North MP. The third relates to a case involving the Court of Appeal, Cape Coast and James Gyakye Quayson. 

This would however be the third time the Court is adjourning these applications. 

When the seven-member panel presided over by Justice Jones Dotse sat today, May 31, 2022, he indicated that the case suffered an adjournment due to the unavailability of a panel member. 

“The three cases have all been adjourned to 14th of June because a member of the panel is indisposed,” Justice Dotse announced. 

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.