The Supreme Court has today, April 13, 2022, stopped the Member of Parliament (MP) for Assin North, James Gyakye Qyayson, from performing his parliamentary duties.
One Michael Ankomah Nimfah, a resident of the Assin North constituency had applied to the Supreme Court, saying Mr Quayson’s continuous stay in office despite a High Court Judgment annulling his election offended the 1992 Constitution of Ghana.
According to him, the MP’s action was not fair to the people of Assin North and frowns on the 1992 Constitution of Ghana.
His application to the SC follows a Cape Coast High Court ruling in July 2021 that nullified the election of Mr Quayson after it found he owed allegiance to Canada when he filed his nomination to contest as MP in 2020.
The plaintiff had thus asked the apex court to enforce the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.
The plaintiff’s application was supported by the Attorney General, Godfred Yeboah, who is also of the opinion that the continuous stay of the legislator in Parliament is a breach of the constitution that cannot be allowed to fester.
“On account of the uncontroverted facts of this case. It clearly indicates that the court is faced with the patent case of unconstitutionality each passing day.”
Subsequent to the application, the SC in a 5-2 majority decision ruled that the MP can’t perform parliamentary duties until a final determination of the substantive matter.