Supreme Court defers ruling on James Quayson's review application against Court of Appeal decision to July 27
On March 9, 2022, the Supreme Court unanimously dismissed an application by the injuncted MP which sought to quash the decision of the Court of Appeal relative to the interpretation of Article 94(2)(a) of the 1992 Constitution.
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The Supreme Court has deferred the ruling on a review application filed by the injuncted Assin North MP, James Gyakye Quayson to July 27, 2022.
In January this year, the MP filed an application that sought to quash the decision of the Court of Appeal relative to the interpretation of Article 94 (2)(a) of the 1992 Constitution.
He thus invoked the Supervisory Jurisdiction of the apex Court on whether or not a legal argument could be made before any reference of a constitutional question could be made to the Supreme Court.
However, on March 9, 2022, the court in a unanimous decision, dismissed the application altogether.
Appearing before the Supreme Court on Tuesday, July 12, 2022, counsel for the MP, Tstatsu Tsikata noted that his side had filed an application for an order of review of the said decision of the court.
He drew the court’s attention to a fundamental point of the jurisdiction in connection with a matter of jurisdiction before it.
Additionally, counsel stressed the fact that the pendency of that action before the other panel was critical in exercising the court’s powers on March 9.
Also, Mr. Tsikata indicated the fact that the issue pending is a relevant factor in respect of the recent application for a review and said that the decision of the ordinary bench was an error per the binding authorities of the court.
On his part, Frank Davies, counsel for Micheal Ankomah-Nimfah, who was opposed to the application, said that the application could not be one invoking the review jurisdiction of the apex court because there has been no exceptional circumstance evoking a miscarriage of justice.
He added that the application is closely misconceived, incompetent, and an abuse of court processes.
The seven-member panel presided over by Justice Gabriel Pwamang thus deferred to July 27, 2022, for a “definite ruling” on the application.
Other members of the panel are; Justices Prof Ashie Kotei, Clemence Honyenuga, Yonni Kulendi, Agnes Dordzie, Gertrude Torkornoo and Prof Mensa-Bonsu.
Background
The Cape Coast High Court on the 28th of July 2021, nullified the election of Mr. Quayson indicating that he owed allegiance to another country(Canada) at the time of filing his nomination to contest in the 2020 General election.
His election was therefore annulled by the Court; ordering the organization of a fresh election in the constituency and injuncted the MP from holding himself as a Member of Parliament.
Mr. Gyakye Quayson then filed an application at the Court of Appeal in a quest to overturn the High Court judgment nullifying his election as Member of Parliament.
However, unsatisfied with the Court of Appeal's decision not to refer to the interpretation of Article 94 (2), Mr. Quayson moved to the Supreme Court, seeking to quash the decision of the Appellate Court.
