James Gyakye Quayson
The Supreme Court has in a unanimous decision dismissed an application for review filed by restrained Member of Parliament for Assin North, James Gyakye Quayson, which sought to reverse an interlocutory injunction placed on him by the court.
The Apex Court on April 13, 2022, granted an application for interlocutory injunction filed by Michael Ankomah-Nimfa, who is challenging the election of the MP on grounds of disqualification.
Supreme Court in a 5:2 majority made up of Justices Jones Dotse, Mariama Owusu, Henrietta Mensah-Bonsu, Gertrude Torkornoo and Yonny Kulendi granted the application for interlocutory injunction against Mr. Quayson while Justices Agnes Dordzie and Nene Amegatcher dissented.
The restriction was imposed after the court granted an application for interlocutory injunction filed by Michael Ankomah-Nimfa, who is challenging the election of Mr. Quayson on grounds of illegibility.
A Cape Coast High Court last year ordered the MP to vacate his seat after it found that at the time of filing his nomination to contest in the parliamentary election, which he won in December 7, 2020, Mr. Quayon held dual citizenship, which is against the laws of Ghana.
The Apex Court in its decision restrained Mr. Quayson from further carrying out himself as the MP for Assin North until the further determination of the substantive matter before the court regarding the interpretation of Article 94(2A) of the Constitution which borders on dual citizenship.
The court also restrained the MP from further attending Parliament with the aim of attending to business of the House in the name of the people of Assin North.
But the MP filed a motion for review seeking the court to reverse its decision on ground that the court did not have jurisdiction to determine the results of a parliamentary election.
His lawyer, Tsatsu who moved the motion argued that the court wrongly assumed jurisdiction when it considered issues regarding the validity of a Parliamentary election and went on to restrain the MP.
Frank Davies, counsel for Mr. Ankomah-Nimfa, opposed the application, arguing that no case had been made by the applicant to necessitate the review of the court’s decision.
Deputy Attorney General, Diana Asonaba-Dapaah, also opposed the application and indicated that the applicant failed to clear the grounds provided by he Supreme Court Rules for the grant of reviews.
A nine-member review panel presided over by Justice Jones Dotse and assists by Justices Agnes Dordzie, Nene Amegatcher, Nii Ashie Kotey, Mariama Owusu, Gertrude Torkornoo, Amadu Tanko, Henrietta Mensa-Bonsu, Yonny Kulendi, in a unanimous decision dismissed the application for not meeting the review threshold of the court.
BY Gibril Abdul Razak