The Supreme Court has in a unanimous 9-0 decision affirmed its April 13 decision that granted an injunction against Assin North MP, James Gyakye Quayson.
The court on April 13 restrained Mr Quayson from holding himself as a Member of Parliament for the constituency.
This was a majority 5-2 decision. Justices Jones Dotse, Mariama Owusu, Gertrude Torkonoo, Prof Mensah Bonsu and Emmanuel Y. Kulendi formed the five while Justices Agnes Dordzie and Nene Amegatcher took the view that the MP should not be restrained.
A Cape Coast High Court in July, 2021 nullified the election of Mr Quayson after it found he owed allegiance to Canada at the time of 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 urged the Court to give effect to the Cape Coast High Court judgement and prevent a further breach of the constitution by restraining the MP.
On Wednesday, April 13, the Court said Mr. Quayson should no longer hold himself as MP or present himself in Parliament. Lawyers for Mr. Quayson then filed for a review of the decision.
Two judges, Justices Prof Kotey and Amadu Tanko joined the initial 7 member panel to hear the review application. Lead Counsel for Mr. Quayson, Tsastu Tsikata urged the court to set aside the injunction.
“It is our respectful submission that there are clearly exceptional circumstances in this matter which necessitated the review we seek and we will respectfully further submit that this application requires your Lordships to uphold the very integrity of the judicial process in the manner that your Lordships have often pronounced upon yourselves,” he said.
But Deputy Attorney General, Diana Asonaba Dapaah, disagreed.
“It is our humble opinion that the grounds of review have not been met. It is a different thing invoking and a different thing proving same. In our humble opinion, he has failed woefully to meet this. Respectfully submitted,” she told the judges.
Mr Davies who represents Michael Ankomah Nimfah took a similar position.
“No case at all has been made by the applicant to necessitate the review of this court’s decision on April 13 and to emphasize that the writ filed at the instance of the plaintiff is to invoke the court’s jurisdiction. It is not a parliamentary petition. That apparent confusion is manifest in all the processes filed thus far by first defendant. We pray that the court dismisses the application.”
The nine-member panel then unanimously upheld the arguments of the Deputy AG and Mr. Davies and dismissed the review application.