The hearing of a motion made by beleaguered Assin North MP to allow the Supreme Court to refer to itself an interpretation of article 94(2)(a) of the 1992 Constitution has been postponed until Thursday, January 10, 2022.
James Gyakye Quayson is appealing a High Court decision that declared his election unlawful and ordered a re-run of the parliamentary election in his constituency.
However, the question of whether a Ghanaian who holds the citizenship of another country owes that country allegiance has become a sensitive legal matter that requires interpretation.
In this case, Mr. Quayson is requesting that the Supreme Court refer the question of article 94(2)(a) to itself and interpret it.
On Tuesday afternoon, Mr. Quayson’s lawyers, lead by Tsatsu Tsikata, told the Supreme Court that the matter had been brought down for Court without the benefit of Mr. Quayson’s reply to the affidavit in opposition and explanation of the interested party’s case.
He claimed that this was a violation of the Court’s regulations, and he asked the Court to provide them at least the necessary 10-day window to file their reply.
Lawyers for the 1st Interested Party, Michael Ankomah Ninfa, lead by Frank Davis, argued that Mr. Quayson had at least six days to file the required responses.
He couldn’t understand why the lawyers were arguing for more time on a case they had taken to the Court. He requested that the Court proceed with the hearing of the application.
After hearing the arguments, the five-member Supreme Court gave Mr. Quayson’s lawyers until Thursday, February 10, 2022, to file their replies and reappear in court.
When the Court saw that the petitioner, James Gyakye Quayson, was missing, it questioned the lawyers about their client’s location. Mr. Qyayson has been personally absent from all Supreme Court sessions concerning his Parliamentary membership, and has not been represented by a lawyer.
However, Lead Counsel Tsatsu Tsikata informed the Court that Mr. Quayson “is having to attend to certain urgent matters in reference to Parliament” in relation to the current hearing.