• Sun. Aug 7th, 2022

Supreme Court restrain Assin North MP from parliamentary duties.

The Supreme Court has declared that Assin North MP James Gyakye Quayson can no longer execute Parliamentary duties, in a 5-2 judgment.

This is until the Supreme Court rules on the substantive case brought against him.

Mr Quayson’s election was invalidated by a Cape Coast High Court in July 2021, after it was discovered that he owed allegiance to Canada at the time of filed his nomination documents to contest the polls.

A resident of the constituency, Michael Ankomah Nimfah, who filed the election petition in January 2022, has launched a new case before the Supreme Court.

He urged the Court to uphold the Cape Coast High Court’s decision and avert a subsequent constitutional violation by restricting the MP.

“If he stays in Parliament, he will continue to violate the constitution.” For far too long, the inhabitants of Assin North have been stuck with an unqualified person.” On Tuesday, March 5, 2022, Mr Nimfah’s lawyer, Frank Davies, testified in front of the Supreme Court.

Godfred Yeboah Dame, the Attorney-General, adopted a same stance on the issue. He stressed that there be no debate about the fact that the legislator’s continued presence in Parliament is a persistent infringement of the constitution that must not be allowed to fester.

“Because of the undisputed facts in this instance. Mr. Dame stated, “It obviously implies that the Court is presented with a patent issue of unconstitutionality every day.”

The MP’s lawyers, lead by Tsatsu Tsikata, disagreed.

Mr. Tsatsu Tsikata questioned the application’s foundation, claiming that it was procedurally incorrect. He claimed that such an injunction motion is not permitted under Supreme Court guidelines.

He stated that a party seeking this remedy should instead file a petition with the Supreme Court, requesting that the Court determine what actions the party should follow.

“The motion claims to be brought under the norms of the High Court. This isn’t the Supreme Court. And, under rule 5, the Supreme Court regulations provide that, in the absence of clear provisions for certain rules, the Court shall regulate such practice. Mr Tsikata stated, “A request should be made.”

The date for the Court’s decision has been set for April 13, 2022.

Mr. Quayson should no longer hold himself out as a Member of Parliament or appear in Parliament, the Court ruled on Wednesday, April 13.

The minority opinion was held by Justices Dordzie and Nene Amegatcher.

“The application is approved. The MP has been barred from holding the position of MP for Assin North and from visiting Parliament to represent the people of Assin North.

“The restriction will stay in place until the substantive problem has been resolved.” “We order that the case be heard as soon as possible,” Justice Dotse declared.

Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu, and Emmanuel Y. Kulendi were the judges that heard the case.

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