The Court of Appeal has unanimously dismissed an application by James Gyakye Quayson, the Member of Parliament for Assin North, to stay proceedings at the High Court. Quayson’s lawyers had filed the application after a similar one was dismissed by the High Court on June 11, 2023. The aim of the stay of proceedings application was to halt Quayson’s trial on a daily basis.
During the Court of Appeal hearing on July 19, Quayson’s lawyer, Tsatsu Tsikata, argued that the proceedings at the lower court had been tainted by events that could affect a fair trial. However, Attorney General Godfred Yeboah Dame opposed the application, referring to it as lacking merit.
He stated that the alleged prejudicial comments made by the President and other ministers did not impact the High Court’s decision since they were made after the court’s ruling. Dame accused Quayson of using the application as a strategy to avoid trial, pointing to the allegations of a predetermined agenda by the accused’s lawyers.
The three-member panel of judges, after considering the application, dismissed it. The court found that no exceptional circumstances were presented to warrant a stay of proceedings and that the alleged prejudicial comments were extrajudicial and did not influence the trial judge’s decision.
The judges also ruled that holding the trial on a daily basis did not violate Quayson’s right to a fair trial.
Last week, Quayson’s lawyers had requested the High Court to stay proceedings to allow the Court of Appeal to hear their appeal regarding the trial judge’s decision to hear the case daily, but the plea was rejected. Quayson subsequently turned to the Court of Appeal to overturn the High Court’s ruling, but his attempt was unsuccessful.
The Member of Parliament for Assin North is currently facing trial at the High Court in Accra on charges of forgery and perjury.
Gyakye Quayson’s woes
Mr. Gyakye Quayson encountered difficulties when he expressed his intention to run for the Assin North Parliamentary elections in 2020 under the National Democratic Congress (NDC) party. A group called the “Concerned Citizens of Assin North” lodged a petition in the Central Region, urging the Electoral Commission to withdraw Mr. Quayson’s candidature on the grounds that he held Canadian citizenship.
Despite the petition, Mr. Quayson managed to proceed and represent the NDC in the 2020 parliamentary polls. He received 17,498 votes (55.21%), securing victory over Abena Durowaa Mensah, the candidate from the New Patriotic Party, who obtained 14,193 votes (44.79%).
Following Mr. Quayson’s electoral success, a resident of Assin Bereku in the Central Region filed a petition at the Cape Coast High Court seeking to invalidate his declaration as the MP for Assin North. The Cape Coast High Court granted the request, declaring the 2020 parliamentary election in the Assin North Constituency null and void due to Mr. Quayson’s violation of the constitutional provisions regarding dual citizenship.
Despite appealing to the Supreme Court for a remedy, Mr. Quayson’s hopes were dashed as the highest court instructed Parliament to remove his name from its records.
NDC MPs boycott Parliament
The MPs who make up the Minority Caucus in Parliament also decided to boycott Parliament on days Mr. Quayson is expected to be in court in solidarity with their comrade.
This decision has been criticised by the members of the Majority Caucus.
Source – citinewsroom.com
