Assin North MP files review application against SC decision restraining him as MP

– Mr James Gyakye Quayson, the Assin North Member of Parliament, has filed an application for a review of the Supreme Court’s judgement restraining him from holding himself as an MP.

The MP on Tuesday, April 26, 2022, filed the application through his lawyers, arguing among other things that the court’s decision on Wednesday, April 13, 2022, “was in patent and fundamental error and violated article 129(3) of the Constitution.”

He said the decision of the court failed to appreciate that the suit was an attempt to enforce the decision of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court.

The applicant said the majority decision was in patent and fundamental error in granting an order of interlocutory injunction pending the determination of the suit when what he was seeking by the application was for the execution of decisions in the courts below and that the error occasioned a gross miscarriage of justice against the first defendant/respondent.

Mr Quayson insisted that he had renounced his Canadian citizenship before contesting the Assin North parliamentary seat.

Mr Quayson had asked the Supreme Court to declare the petition as frivolous, vexatious and an abuse of the court processes.

He said the majority decision violated the Constitution in assuming jurisdiction over the determination of the validity of a parliamentary election and proceeding to grant the application for an interim injunction.

The applicant also said the decision failed to appreciate that the suit was an attempt to enforce the decisions of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court.

The MP also contended that the majority decision was in patent and fundamental error in granting an order of interlocutory injunction pending the determination of the suit when the applicant failed to demonstrate a legal or equitable right that ought to be protected by the court, thereby occasioning a gross miscarriage of justice against the first defendant/respondent.

He argued that the majority decision violated Article 296(a) and (b) of the Constitution in exercising discretion unfairly and unreasonably.

The Court maintained that it would be failing in its duty to Ghanaians if it did not grant the injunction against the Assin North MP.

The Court in the 5-2 Majority decision restrained James Gyakye Quayson from carrying himself out as a Member of Parliament while directing the parties to file their memorandum of issues by April 25.

The Majority decision, held by Justices Jones Dotse, Mariama Owusu, Gertrude Torkornoo, Professor Henrietta Mensa-Bonsu, and Emmanuel Yonny Kulendi, reasoned that the people of Assin North and Ghanaians would suffer greater hardship and irreparable damage and inconvenience if Mr Quayson had not been restrained.

The decision was taken following a petition brought before the Supreme Court by Michael Ankomah-Nkmfa, a resident of Assin Bereku in the Central Region.

Mr Ankomah-Nimfa had earlier secured a judgement at the Cape Coast High Court overturning the election of Mr Quayson as null and void, but the embattled legislator ran to the Court of Appeal to have the decision set aside.

Mr Ankomah-Ninfa is challenging the eligibility of Mr Quayson as the MP for Assin North following allegations that he held dual citizenship prior to contesting the MP position.

Although the Court of Appeal dismissed his case, Mr Quayson subsequently went to the Supreme Court to have his issue resolved.

Michael Ankomah-Nimfah also took the issue to the Supreme Court to seek interpretation of Article 94 (2)(a) of the 1992 Constitution.

In the same case, Mr Ankomah-Nimfah asked the apex court to place an injunction on Mr Quayson from holding himself as the MP for Assin North until the final determination of the case.

Source: Ghana News Agency