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Tag: Assin North MP

  • Latest on Assin North elections’ case: ‘You lack jurisdiction’ – Quayson’s lawyers tell Supreme Court… ask Registrar to list case before vacation

    Latest on Assin North elections’ case: ‘You lack jurisdiction’ – Quayson’s lawyers tell Supreme Court… ask Registrar to list case before vacation

    Adnan Adams Mohammed

    Lawyers for the embattled Assin North Member of Parliament, James Gyakye Quayson, yesterday Wednesday, 13th July, 2022, filed a supplement to their statement of case in the Supreme Court

     following the order of the court on Tuesday.

    The Assin North MP had been given 14 days to file a supplement to his statement of case by the Supreme Court but filed the day after and have written to the Registrar to have the case listed before the legal vacation.

    His lawyers insist that the Supreme Court lacks jurisdiction to entertain the originating writ seeking to invalidate the Assin North 2020 Parliamentary elections.

    “The broad ground of the application to strike out the writ is that, this court lacks jurisdiction as determined by previous decisions of this court”, the Supplement Statement of Case filed for the embattled MP, Mr Quayson indicated.

    “The first aspect of this grounds, which is referred to in paragraph 5 and 6 of the affidavit in support of the application is that this court has previously decided that by virtue of article 99 of the Constitution and section 16 of the Representation of People Act (PNDCL 284), it has no jurisdiction to entertain a suit that involves invalidating the results of a parliamentary election. Even if dressed up as an invocation of the original jurisdiction of this court under article 130 or a suit for enforcement of the Constitution under article 2, this court does not have jurisdiction.” Relying on the case of Yeboah v JH Mensah, Bimpong-Buta vrs General Legal Council among others, Mr. Tsikata prayed the court to strike out the originating writ before them.

     The defendant has also prayed the court to list the case before vacation.

    “In view of the obvious urgency of this case, particularly its significance for the representation in Parliament of Ghanaians in the Assin North Constituency, we respectfully ask the case be listed before the vacation.”

    James Gyakye Quayson, NDC candidate got 17,498 votes representing (55.21%) and Abena Durowaa Mensah, NPP candidate had 14,193     representing (44.79%) in 2020 elections.

    However, the sworn in MP, Hon Quayson has been petitioned to anul his elections on grounds he holds dual citizenship, of which he has denied as factual.

    One Michael Ninfa, a teacher and resident of Yamoransa in the Central Region had filed an interlocutory motion and urged the Supreme Court to bar the lawmaker from holding himself out as MP.

    His application originated from the decision of the Cape Coast High Court dated July 21, 2021 that nullify the 2020 Assin North Parliamentary election because Mr Quayson, a Canadian citizen, failed to renounce his Canadian citizenship at the time he picked nomination forms to contest the election.

  • Assin North Constituents awaits a by-elections as their MP is booted from office

    Assin North Constituents awaits a by-elections as their MP is booted from office

    The Assin North MP, James Gyakye Quayson, can no longer perform Parliamentary duties as the Supreme Court has, in a majority 5-2 decision, ruled him out from office today.

    This is until the determination of the substantive case filed against him at the Supreme Court.

    A Cape Coast High Court in July, 2021 nullified the election of Mr Quayson after it found he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.

    Michael Ankomah Nimfah, a resident of the constituency who filed this election petition in January, 2022, initiated another action at the Supreme Court.

    He urged the Court to give effect to the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.

    “If he continues to be in Parliament, he will still be in breach of the constitution. The people of Assin North have been saddled with an unqualified person for far too long“ Lawyer for Mr Nimfah, Frank Davies told the Supreme Court on Tuesday, March 5, 2022.

    Attorney-General Godfred Yeboah Dame took a similar position on the matter. He insisted there cannot be any debate that the continuous stay of the legislator in Parliament is a persisting breach of the constitution that cannot be allowed to fester.

    “On account for the uncontroverted facts of this case. It clearly indicates that the Court is faced with the patent case of unconstitutionality each passing day,” Mr Dame said.

    Lawyers for the MP led by Tsatsu Tsikata disagreed.

    Mr. Tsatsu Tsikata questioned the basis of the application pointing out that it was procedurally improper. He insisted the rules of the Supreme Court do not provide for such an injunction application.

    He argued that a party wanting this remedy ought to instead make a request to the Supreme Court for the Court to decide what steps the party ought to take.

    “The motion purports to be brought under the High Court rules. This is not the High Court. And the Supreme Court rules under rule 5 make provisions for where no express provisions are made for certain rules the Court shall prescribe such practice. A request ought to be made,” Mr Tsikata said.

    The Court adjourned proceedings to April 13, 2022, to deliver its ruling.

    On Wednesday, April 13, the Court said Mr. Quayson should no longer hold himself as MP or present himself in Parliament.

    Justices Dordzie and Nene Amegatcher held the minority view.

    “The application succeeds. The MP is restrained from holding himself as MP for Assin north and restrained from attending Parliament to conduct business on behalf of the people of Assin north.

    “The restriction remains until the final determination of the substantive matter. We direct that the case hearing be expedited,“ Justice Dotse ruled.

    The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.