Supreme Court grants James Quayson leave to file arguments in support of motion to strike out injunction suit
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.
The Supreme Court has granted the injuncted Assin North MP leave to file arguments in support of a motion seeking to strike out the suit which invokes the original jurisdiction of the court.
According to the court, the embattled MP who is the first defendant is to file the arguments within 14 days.
Further, the court, presided by Justice Jones Dotse also directed the MP to file his supplementary Statement of Case within the 14 days duration.
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.
When the case was called on Tuesday, July 12, 2022, Tsatsu Tsikata, counsel for the MP drew the court's attention to the fact that he had filed two motions; a Motion to strike out the suit invoking the original jurisdiction of the court and leave to file arguments in support of the motion.
The other parties were however not opposed to the motion thus Mr.Tsikata was given the chance to move the same.
In moving the motion, counsel noted among others that the matter of jurisdiction is a fundamental and preliminary consideration. Also, he said that the motion is aimed at assisting the court per a number of binding decisions which are contained in their submission.
In its ruling, the court granted the leave but directed the first defendant (Mr. Quayson) to file his supplementary Statement of Case within 14 days.
Also, the other parties; private citizen Ankomah Nimfah, the Attorney-General and the EC were also directed to respond to same within the given period.
Other members of the panel are; Justices Nene Amegatcher, Gertrude Torkonoo, Yonni Kulendi, Agnes Dordzie, Mariama Owusu, and Prof H. Mensa- Bonsu
The case has meanwhile been adjourned sine die.