The National Democratic Congress Member of Parliament (MP) for Assin North, James Gyakye Quayson, has filed a review application at the Supreme Court challenging the court’s decision to hear his case on Thursday, February 10, 2022.
Mr Quayson had already filed certiorari asking the apex court to quash the decision of the Court of Appeal not to refer Article 94(2)(a) of the 1992 Constitution for interpretation.
The said application was filed in relation to his appeal against a High Court judgment that nullified his election as an MP.
Mr Quayson’s certiorari application was heard by the Supreme Court last Tuesday.
Quayson’s case
Lawyer for the MP, Tsatsu Tsikata, however, contended that the Supreme Court breached the rules of court by hearing the application last Tuesday.
It was his argument that one of the interested parties had filed a response to the application and per the rules of the Supreme Court, his client(Quayson) had seven days to file a reply to the response filed by the interested party.
According to him, the seven days had not elapsed and therefore the Supreme Court could not hear the case last Tuesday.
The five-member panel of the apex court, presided over by Justice Gabriel Pwamang, ruled that it would therefore hear the application on (Thursday, February 10, 2022).
Mr Quayson has, therefore, filed the review application to challenge the decision for the case to be heard on (Thursday).
In view of the review application, the Supreme Court adjourned the case to February 22.
The review application is expected to be heard on February 15.
Background
Mr Quayson polled 17,498 votes against 14,793 by the New Patriotic Party’s Ms Abena Durowaa Mensah in the December 7, 2020, parliamentary election.
On December 30, 2020, a resident of Assin North, Mr Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be an MP.
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On July 28, 2021, following that petition by Mr Ankomah-Nimfah, the Cape Coast High Court declared Mr Quayson’s election as void, on the basis that he owed allegiance to another country other than Ghana, contrary to Article 94(2) of the 1992 Constitution.
It was the considered view of the court that as of the time Mr Quayson filed to contest the MP position, he had not renounced his Canadian citizenship and, therefore, he was not qualified to become a legislator.
The court presided over by Justice Kwasi Boakye, ordered the EC to organise a new election in the constituency.
Mr Quayson filed an appeal at the Court of Appeal challenging the judgment of the Cape Coast High Court.
