Supreme Court dismisses James Quayson’s motion against Court of Appeal

The Supreme Court of Ghana has in a unanimous decision dismissed a certiorari application filed by the injuncted Assin North MP, James Gyakye Quayson against the Court of Appeal, Cape Court for striking out his appeal processes.

On Tuesday, March 22, 2022, the presiding judge, Irene Charity Larbi JA while striking out the appeal processes, noted that the appellant, James Quayson had failed to submit his written submission within the stipulated time and thus ordered all applications before the panel in the name of the MP to be struck out.

Quoting the celebrated British Judge, Lord Denning, Justice Larbi noted “You cannot put something on nothing and expect it to stand.”

However, the embattled MP, filed a motion at the apex Court seeking the decision of the Court of Appeal to be quashed in order to enable his appeal processes to be relisted at the same.

Delivering its ruling on Wednesday, May 11, 2022, 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.

Even though the applicant and his counsel were not present in court when the case was called, the court noted that it had earlier on April 13 adjourned to this date in the presence of the applicant's counsel, Tsatsu Tsikata.

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.