Supreme Court refuses James Quayson's motion for review of ruling against Court of Appeal

The Supreme Court has refused a motion filed by the injuncted Assin North MP, James Gyakye Quayson against the decision of the Court's Ordinary Bench.

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.

When the case was called on Wednesday, July 27, 2022, the 6-member panel presided over by Pwamang JSC noted that a seventh member of the panel, Kulendi JSC was on official assignment but had given his opinion for the ruling.

In its ruling, the court in a majority decision of 5-2 refused the said application.

Other members of the panel were; Justice Prof Kotey, Justice Agnes Dordzie, Justice Gertrude Torkonoo, Justice H.Mensa-Bonsu, and Justice Clemence Honyenuga.

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.