The Supreme Court of Ghana has ruled in a majority of 5-2 decisions that James Gyakye Quayson, MP of Assin North can no longer perform official parliamentary duties until a final determination of the substantive case.
In July 2021 the Cape Coast High Court Nullified the election of Mr. Quayson after it found he owed allegiance to Canada when 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 called on the court to give effect to the High Court Judgement and prevent a further Breach of the Constitution by restraining the MP
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“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.“
His Lawyer for Mr. Nimfah, Frank Davies told the Supreme Court on Tuesday, March 5, 2022.
Attorney General Godfred Yeboah 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.
He 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.
