Supreme Court adjourns James Quayson's injunction case sine die

The Supreme Court has adjourned the substantive case that seeks to injunct and prevent the Assin-North MP, James Gyakye Quayson from holding himself as a legislator sine die.

Mr. Tsatsu Tsikata, counsel for the embattled MP had on July 12, 2022, 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.

When the case was called today, July 28, 2022, the presiding Judge, Jones Dotse made reference to the said letter written by a member of Mr. James Quayson's legal team and duly acknowledged receipt.

He however noted that two members of the panel were absent and thus would not be able to hear the case.

On his part, counsel for the injuncted MP, Tsatsu Tsikata corroborated the situation and agreed with their Lordships.

Justice Dotse also enquired from the other parties if they had responded to the motion, to which they answered in the negative.

The court thus ruled that "due to the fact that the panel had to be re-constituted and allowing the parties to respond, the case has been adjourned sine die".

Other members of the panel were; Justices Mariama Owusu, Nene Amegatcher, H.Mensa-Bonsu and Gertrude Torkonoo. 

Background

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.