The embattled National Democratic Congress (NDC) Member of Parliament for Assin North in the Central Region, James Gyakye Quayson move to freeze his removal from parliament at the Appeal Court has hit a snag.
The MP’s quest to suspend the execution of a High Court order seeking to remove him as an elected Member of Parliament (MP) has crashed.
Two applications filed by his lead counsel, Tsatsu Tsikata namely, application for referral of Article 94 (2)(a) for interpretation at the Supreme Court and an application for leave to file additional supplementary grounds of Appeal have suffered dismissal at Courts of Appeal in Cape Coast
The Cape Coast Court of Appeal also dismissed the Assin North MP’s application for referral to the Supreme Court for interpretation of Article 94(2)(a) of the 1992 Constitution of Ghana.
As that was not enough, the MP was given another knock by the Court as it has refused him an application to file additional grounds of appeal.
The 2020 National Democratic Congress’ (NDC) parliamentary candidate appealed the High Court ruling which nullified his election as the Member of Parliament for the area.
Mr. Quayson in his appeal insisted that the Cape Coast High Court erred in its ruling, hence his action.
The Cape Coast High Court had ruled that Mr. Quayson, at the time of filing his documents to contest the election in Assin North, still held allegiance to another country other than Ghana.
The Court thus cancelled the said election, ordering a re-run of the polls in Assin North, and, consequently, prohibited James Quayson from holding himself out as Member of Parliament for the area.
But in a notice of appeal filed on Monday, August 2, 2021, at the Court of Appeal, Cape Coast, Mr. Quayson said the ruling delivered by the High Court presided over by Justice Kwasi Boakye was neither based in law nor in fact.
He is thus asking the Court of Appeal to set aside the orders and costs awarded in the said High Court Judgment.
By this Notice of Appeal by James Gyakye Quayson is also expected to cause his lawyers to apply to the Court for stay execution of the High Court orders pending the determination of the appeal.
Mr. Quayson in his initial appeal notice insisted that the High Court acted out of jurisdiction by not referring the interpretation of Article 94 (2) (a) of the 1992 Constitution to the Supreme Court.
He was seeking the following reliefs:
1. A declaration that the judgment of the High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021, is void for having been issued out of the jurisdiction.
2. An order setting aside the judgment of High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021.
3. An order setting aside the award of costs against the appellant and in favour of the petitioner/respondent and the 2nd Respondent/Respondent
4. Costs in favour of the appellant.
5. Any further or other order(s) the Court may deem fit.
By Vincent Kubi