James Gyakye Quayson
An Accra High Court has permitted deposed Member of Parliament for Assin North, James Gyakye Quayson, to be absent from court on June 23, 2023 in a trial in which he has been charged with perjury and making false declaration in the build up to the 2020 Presidential and Parliamentary elections.
The court presided over by Justice Mary Yanzuh, will on that day rule on an application by counsel for Mr. Quayson which had sought the court to adjourn the case to days that do not include June 22 and 23 respectively.
The court last week ruled that it would from June 20, 2023, hear the case on daily basis as requested by the Attorney General and Minister for Justice, Godfred Yeboah Dame.
But lawyers for Mr. Quayson filed a motion asking the court to reconsider the decision, particularly urging the court to adjourn the case to days that do not include June 22 and 23.
While moving the motion, Tsatsu Tsikata, counsel for Mr. Quayson indicated that the Parliamentary by-election in which the accused is a candidate is a national assignment because that is what the 1992 Constitution has provided and not a private business that the accused is engaged in as the prosecution claims.
He argued that Article 55(13) of the constitution makes it clear that every candidate for election to Parliament has a right to conduct his campaign freely and in accordance with law and Mr. Quayson who has put himself forward for election in the Assin North by-election is entitled to be accorded time to campaign.
He said adjourning the case beyond the dates they are asking for would not affect the trial in any way as the accused would make himself available after that for the trial to continue.
Mr. Tsikata added that no prejudice or whatsoever would be occasioned if the court allows the accused person not to be in court on June 22 and 23.
Opposition
The application was opposed by Attorney General, Godfred Yeboah Dame, who argued that the conduct of a criminal matter and a subsequent adjournment of the case are entirely at the discretion of the court and have been regulated by Sections 168 and 169 of Criminal Procedure Act, 1960 (Act30).
He said the day-to-day hearing of a criminal case is in line with Article 19 of the constitution which deals with fair trial and also reinforces a decision of the Supreme Court in the Eugene Baffoe-Bonney case, which only makes exceptions on adjournments of cases subject to the needs of other dates and not to the needs of an accused person.
The Attorney General further argued that the application is unknown to the rules and procedure of court, totally incompetent and would encourage discrimination if granted by the court only because it was filed by a politician when same consideration may not be given to a farmer or even a teacher.
He also argued that the by-election Mr. Quayson has put himself forward for is not a national assignment but his choice to contest despite the decision of the Supreme Court and the fact that there is a criminal trial pending against him.
Mr. Dame also disagreed with an argument by the defence that the right of the people of Assin North would be violated if the accused is made to come to court on the days they want excluded, arguing that he could not imagine how the people of Assin North who are not contesting any matter before the court would be affected by the accused person attending court on June 22 and 23.
Justice Yanzu adjourned the case to June 23, 2023, to rule on the application while allowing Mr. Quayson to be absent on that day.
Trial
Mr. Quayson has been charged, among others, for deceiving the Ministry of Foreign Affairs by making a false statement that he did not have a dual citizenship in order to acquire a Ghanaian passport.
He has been charged with five counts of deceit of public officer, forgery of passport of travel certificate, knowingly making a false statutory statement, perjury and false declaration of office.
Mr. Quayson, who was booted out of Parliament by the Supreme Court, could be sent to prison for up to ten years if found guilty of perjury, a second degree felony, as the prosecution pushes to establish his guilt.
By Gibril Abdul Razak