Assin North MP’s judgment appeal thrown out

Assin North MP James Gyakye Quayson’s application challenging the High Court’s ruling that declared his election as null and void has been thrown out by the Court of Appeal.

This effectively nullifies his stay of execution application.

Presiding judge Irene Charity Larbi said on Tuesday, 22 March 2022 that Mr Gyakye Quayson did not comply with the court’s directive that he makes his written submission available within 21 days from the time of filing the application in October last year.

The Supreme Court had also unanimously dismissed his application to quash a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.

Mr Quayson allegedly owes allegiance to Ghana and Canada and, thus, prohibited by Article 94 (2) (a) of Ghana’s 1992 Constitution from holding public office such as an MP.

He had filed a suit at the Court of Appeal seeking to freeze the judgment of the Cape Coast High Court which resulted in his ouster.

The embattled MP filed the application on Thursday, 5 August 2021.

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He argued that the judgment was “clearly in error”.

According to him, “if the execution of the judgment is not stayed, the people of the Assin North constituency will lack representation in parliament for a significant period.”

Also, he noted, “if the high court decision is not stayed, it could give rise to considerable political tension in the Assin North constituency and possible disturbances of the peace.”

Ahead of the motion, Mr Quayson filed an appeal against the Cape Coast court’s judgment that annulled the election that resulted in his victory.

The 2020 National Democratic Congress candidate, in his appeal, insisted that the High Court erred, hence his action.

The court, presided over by Justice Kwasi Boakye, on Wednesday, 28 July 2021, ordered a fresh poll to be conducted in the constituency.

The judge said Mr Quayson, as of the time he filed to contest the election, held allegiance to another country – Canada.

Mr Quayson held dual citizenship contrary to Article 94 (2) (a) of the 1992 Constitution of Ghana, which states: ‘A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana’.

But in a notice of appeal filed on Monday, 2 August 2021, at the Court of Appeal, Cape Coast, Mr Quayson said the ruling delivered by the High Court was neither based in law nor in fact.

He, thus, asked the Court of Appeal to set aside the orders and costs awarded in the said High Court judgment.

He sought 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 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.

Source: Classfmonline.com