To hold as MP or not: SC to decide on Assin North MP April 13
On February 1, 2022, the applicant Michael Ankomah-Nimfah, a private citizen filed a writ seeking the interpretation of Article 94 (2a) and injunction of the Member of Parliament from holding himself as such.
The Supreme Court presided over by Justice Jones Dotse will on April 13, 2022, decide on whether or not the Assin North MP, James Gyekye Quayson can hold himself as an MP and thus continue to perform Parliamentary duties.
In July 2021, the Cape Coast High Court presided over by Justice Kwasi Boakye annulled the Assin North Parliamentary election.
He also restrained Hon James Quayson from holding himself as MP for the Constituency.
This was the Judgment of an election petition filed by a resident of Assin North, Michael Nimfah who challenged the eligibility of Mr. Quayson to hold the office as an MP.
The petitioner also contended that Hon Quayson was not eligible on the basis that at the time of filing his parliamentary nomination, he held citizenship of another country (Canada) in addition to Ghana.
The MP has since the above Judgment of the Court, gone to the Court of Appeal to quash the Judgement of the High Court and in the Supreme Court to challenge a ruling of the Court of Appeal.
On February 1, 2022, the applicant Michael Ankomah-Nimfah, a private citizen filed a writ seeking the interpretation of Article 94 (2a) and injunction of the Member of Parliament from holding himself as such.
During court proceedings on April 5, 2022, Frank Davies, the lawyer for the applicant noted that the continuous acting of Hon Quayson as an MP amounts to a breach of the Constitution, 1992.
On his part, the Attorney General concurred with the applicant's counsel and added that the court is presented with a case of clear unconstitutionality per the facts of the case.
However, Tsatsu Tsikata, the lawyer for the MP, told the court that the injunction application was not proper procedurally and that per the Supreme Court rules, a request ought to have been made by the applicant under Rule 5 for the court to have decided the procedure and steps to be taken in the matter.
After hearing from the parties, the Supreme Court adjourned to April 13 to give its ruling.
The other members of the bench were Justices Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi
