Supreme Court rules on Assin North MP’s injunction application 13 April

The seven-member Supreme Court panel presided over by Justice Jones Victor Mawulorm Dotse, has fix Wednesday 13 April 2022, as date to deliver its ruling in an application seeking to injunct the Assin North MP, James Gyakye Quayson, from holding himself as an MP.

Lawyers for the embattled lawmaker Tsatsu Tsikata before the injunction application was moved by the Applicant’s lawyers, had his application for stay of proceedings struck out as withdrawn.

Michael Ankomah-Nimfah, the petitioner in the High Court case that terminated with a judgment that declared the election of the MP as unconstitutional, null and void, is praying the Supreme Court to stop James Gyakye Quayson from holding himself as Member of Parliament for Assin North inspite of the judgment of the High Court.

Review application

Before the Supreme Court heard the injunction application, a nine-member review panel first heard an application by James Gyakye Quayson’s lawyers, seeking a review of the Supreme Court ruling that held that the mode of service (including a full page advertisement) adopted by the applicant on the orders of the Supreme Court, in serving the Assin North MP, was proper and done within the confines of the law.

The review panel in their unanimous ruling indicated that the application of Tsatsu Tsikata, had no merit. “The application is accordingly dismissed” the Supreme Court ruled.

Background

The Cape Coast high court restrained James Gyakye Quayson from holding himself as the National Democratic Congress (NDC) MP for Assin North.

On Wednesday 28 July 2021, Justice Kwasi Boakye also ordered for fresh parliamentary elections to be held in the constituency. This followed a parliamentary election petition brought to the Cape Coast high court by Michael Ankomah-Nimfah, seeking to annul the MP’s election.

Quayson polled 17,498 votes against 14,793 by the New Patriotic Party’s Abena Durowaa Mensah in the 7 December 2020 parliamentary election.

On 30 December 2020, a resident of Assin North, Michael Ankomah – Nimfah, filed a parliamentary election petition at the Cape Coast high court challenging Quayson’s eligibility to be an MP.

He argued that the MP was not eligible because at the time he (Quayson) filed his nomination to stand as a parliamentary candidate, he was still a citizen of Canada. Such an act, he argued, 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).

Quayson has since been fighting under the law to set this aside, with the matter currently pending at the Court of Appeal.

Michael Ankomah Nimfah, the resident of the constituency who initiated the action against the MP at the high court, has sought the Supreme Court’s intervention to stop Quayson from performing parliamentary duties.

That matter remains pending, as court officials have been unable to serve the MP with the court processes.

 

SOURCE: AsaaseRadio