The Court stated in the ruling that if the accused and his legal team failed to appear at the next hearing, the case would be conducted in absentia.

This was due to Mr Quayson’s lawyers failing to appear when the case was called before the Court on November 3, 2023.

Initially, the Supreme Court declared Quayson’s election as Member of Parliament for Assin North invalid due to his dual citizenship in Canada and Ghana at the time he filed his nomination to run in the 2020 election.

However, in a by-election conducted by the Electoral Commission, the people of Assin North Constituency re-elected him to represent them in Parliament.

He now faces charges of perjury and deceiving a public officer at the High Court.

According to Justice Mary Maame Ekue Yanzuh, Mr Quayson and his defence team, led by Mr Tsatsu Tsikata, also failed to participate in the trial via a virtual link.

The Court stated on November 3, 2023, that the proceedings from July 19, 2023, could not be retrieved due to technical issues, while the first prosecution witness was in the witness box.

It stated that on November 9, 2023, before the counsel began cross-examining the witness, the Court informed the parties that the proceedings of July 18, 2023, had been mixed up with those of July 19, 2023.

Justice Yanzuh stated that she granted Mr Tsikata an hour to conduct the cross-examination on July 19, 2023, if needed, but he raised no objections and went ahead to cross-examine the witness for two hours.

She pointed out that losing proceedings was not an unusual occurrence and could happen in a variety of ways.

According to Justice Yanzuh, the witness was still in the box at the time, and Mr Quayson’s counsel decided to raise the issue later in the day after further cross-examining the witness.

She said that the counsel appeared to want to know why the records were missing, and that he could check with the Registrar.

Mr Tsikata initially moved a motion for review and variation of the court’s ruling on November 3, 2023, regarding the further conduct of the trial.

He stated that the application was filed under the court’s inherent jurisdiction because the topic of technical issues came up for the first time in the trial.

Mr. Tsikata noted that the Court’s directives on the technical concerns were issued without Quayson’s representatives.

“It is clear from our exhibits that lawyers for the accused had asked to be furnished with the record of proceedings as well as Court notes about the sitting of this court on July 9, 2023, and July 19, 2023,” he said.

He said no information was provided to Quayson’s lawyers in response to the written request for the records of proceedings. 

Mr Tsikata also said the conduct of the Attorney-General had been reported to the Disciplinary Committee of the Ghana Legal Council (GLC) 

The Director of Public Prosecutions (DPP), Mr Yvonne Attakora-Obuobisa stated that when the court issued a detailed ruling, the applicant’s counsel did not make any objections.

She said the court gave reason for the loss of the proceedings of July 19, 2023, and allowed the counsel for the accused to further cross-examine the first witness to make up for what had been lost through technical challenges. 

“My Lord, the applicant has already fully exercised his right to further cross-examine the witness based on the order made by the Court and the witness has since been discharged,” she added. 

The DPP said the opportunity for further cross-examination of the witness, which was granted by the Court, was to prevent injustice to the accused person.

She said the GLC had dismissed the complaint filed by the accused as no prima facie case had been made against him. 

The DPP said their next witness was the former Director of Passport, who is currently the High Commissioner in India.

She prayed for his evidence to be taken via a video link. 

The case was adjourned to Feb 16, 2024.

ALSO READ:

• Gyakye Quayson flown to Canada over critical health emergency – Court told

• Gyakye Quayson back in Parliament following medical treatment abroad

Justice Atuguba has described the ruling as scandalous.

Speaking at a public lecture on Tuesday, the retired judge asserted that the Apex Court shouldn’t have even taken up the case.

This, according to him, was because it was already been adjudicated by the High Court, adding that it goes against the basic principle of law.

The outspoken judge argued there should have been an execution of the High Court’s decision and not a fresh matter.

“The James Gyakye Quayson’s decision by the Supreme Court is with all due respect scandalous in that the court, in the teeth of the settled maxim Res Judicata et non quieta movere, re-adjudicated the same matter that has been adjudicated upon by the High court on the merits,” he stated.

Additionally, he said the Apex Court failed to deliver justice when it nullified Mr Quayson’s election when he had clearly renounced his Canadian citizenship in November 2020 and the election was in December 2020.

“The Supreme Court does not stand in a good light despite the clear renunciation in November 2020, whereas the election was in December. I am not able to see substantial justice in this,” he added.

BACKGROUND:

The Supreme Court, on May 13, 2023, ordered Parliament to expunge Mr Quayson from its records.

The presiding judge, Justice Jones Dotse, ruled that the Electoral Commission acted unconstitutionally in allowing him to contest the 2020 parliamentary elections without proof of him renouncing his Canadian citizenship.

The court in a unanimous decision ruled that Mr. Quayson was not qualified at the time of filing his nomination forms. It further held that the Electoral Commission allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.

It further declared that his election was unconstitutional, null and void and of no effect.

ALSO READ:

• Supreme Court orders Parliament to expunge Gyakye Quayson’s name

• Gyakye Quayson not treating Supreme Court properly – Chief Justice

Mr Hammond has said he is ready to meet his colleague MP in court.

In the writ filed on Monday, July 10, Mr Quayson’s lawyers said the Trade Minister has made “irresponsible prejudicial comments” concerning the criminal case ongoing against him.

Addressing the media on Tuesday, Mr Hammond stated he referenced that there was a precedent to Mr Quayson’s case.

“I am not sure if those lawyers understand what precedent is, but I think I predicated my statement on the fact that there is what in legal terms called the precedence, so we are meeting in court. They played a game on me to serve me with the document, but I have accepted it.

“I made a statement here in parliament so if they want to take me up in court yes of course at the end of the day that is where these matters end up. So what is the big deal about this?”

Gyakye Quayeson trial: I'm unfazed by the contempt case filed against me. – KT Hammond #JoyNews pic.twitter.com/S4pLdtyyaj

— JoyNews (@JoyNewsOnTV) July 11, 2023

The Assin North MP is being tried for forgery and perjury after he was charged by the Attorney-General’s Office.

He is also accused of deceiving a public officer and knowingly making a false declaration when he filed nominations to contest in the 2020 election when he had not renounced his Canadian citizenship.

Mr Hammond, commenting on the case, stated that his colleague lawmaker will be found guilty and jailed. 

ALSO READ:

• You will go to prison – KT Hammond tells Gyakye Quayson

• Gyakye Quayson cites K.T. Hammond for contempt

Officially, Mr Quayson has once again taken his seat and office as the MP for Assin North from today, July 4, 2023.

The Speaker of Parliament, Alban Sumana Kingsford Bagbin, admitted the oaths of Office in a brief ceremony which was graced by former President John Mahama, National Democratic Congress leadership and other bigwigs.

Mr Bagbin, after administering the oath, congratulated Mr Quayson on his re-election last Tuesday.

The Minority Leader, Ato Forson, in his address welcomed his colleague and assured him of the Caucus’ commitment and support in his prosecution.

With a criminal case against Mr Quayson still pending in court, the Ajumako Enyan Essiam MP threatened that the entire Minority will follow the MP to court anytime he is due and won’t participate in the business of the House.

Majority Leader, Osei Kyei-Mensah-Bonsu, on his part, challenged comments that Mr Quayson was being persecuted but rather says the laws of Ghana ought to be applied.

He had filed an application for review seeking the Supreme Court to reverse the previous decision of a five-member panel ordinary bench not to prohibit Justice Mary Yanzuh, from presiding over his trial at the High Court.

The court, prior to dismissing the review application, also dismissed two oral applications by Tsatsu Tsikata, counsel for the accused, which sought leave to waive their inability to comply with the time given them to file additional grounds for the review and also an adjournment to file further references.

Mr. Quayson went to the Supreme Court last year seeking to quash the decision of Justice Mary Yanzuh which refused to set aside portions of the witness statement of the prosecution’s first witness.

The suspended MP is standing trial for five charges including perjury, making false declaration and deceiving the Ministry of Foreign Affairs by making a false statement that he did not have a dual citizenship, in order to acquire a Ghanaian passport.

His counsel had urged the trial court to exclude portions of the prosecution’s first witness’ statement because he did not have personal knowledge of such matters.

The trial court dismissed the application and Mr. Tsikata subsequently went to the Supreme Court seeking to quash the decision and also sought to prohibit Justice Yanzuh from further hearing the case.

But a five-member panel of the court presided over by Justice Jones Dotse, dismissed the application on ground that the application had no merit and that the court acted within its jurisdiction in dismissing the application in the first place.

Moving the application for review, Mr. Tsikata argued that there are exceptional circumstances for which the motion ought to be granted, among them was what he described as a fundamental error on the face of the document.

He said the trial judge’s presumption that the witness has knowledge of the issues complained about in the witness statements results in a miscarriage of justice.

The application was opposed by the Director of Public Prosecutions, Yvonne Atakora Obuobisa, who argued that the suspended MP did not demonstrate that he was entitled to any of the reliefs sought.

She said Article 133 of the Constitution makes it clear that the review jurisdiction of the court is a very limited one, and the current application revealed nothing new except a rehashing of arguments made in the main application.

She added that there is no merit in the application as the trial court has not taken away the right of the accused to be heard, neither has it taken away his right to cross-examine the witness.

A seven-member review panel of the court presided over by Justice Dotse, in a unanimous decision, dismissed the motion for having “absolutely no basis.”

The court said the Constitution and the Supreme Court Rules make clear provisions regarding review motions and none of those grounds had been urged upon the court by the application.

Mr Quayson wants the Supreme Court to review its earlier ruling dismissing an application for certiorari on a High Court decision concerning the criminal charges he is facing at the High Court and an order prohibiting the trial judge.

Mr Quayson, who is standing trial for counts of deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury and false declaration since February 12, 2022, filed for exclusion of the statement of the prosecution’s first witness, but that was dismissed by the High Court and a subsequent application for certiorari to quash the decision of the high court and prohibition of the judge presiding over the case at the high court was dismissed by the Supreme Court.

The injuncted MP through his lawyer Tsatsu Tsikata has invoked the review jurisdiction of the Supreme Court seeking to overturn its earlier decision.

But when the case was called on Wednesday, lawyer for Mr Quayson notified the court that reasons for the earlier ruling of the apex court upon which processes for the review application were to be filed were received on January 16 this year later than the December 6, 2022 date as promised by the court.

He, therefore, asked for more time to file additional processes.

The apex court after admitting the administrative error gave the applicant up to February 16 to file additional processes and February 22 for a response from the state.

The case has since been adjourned to March 1, 2023.

The panel chaired by Justice Jones Victor Dotse ruled that the ‘motion for Certiorari and Prohibition against the July 12, 2022 decision of the High Court (Criminal Division) has no merit and accordingly dismissed it.

The State had on February 12, this year, charged James Gyakye Quayson with five counts being; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.

As the trial continued on July 2022, his lawyers led by Lawyer Tsatsu Tsikata questioned the competency of the Prosecution’s First Witness, Richard Takyi-Mensah, a teacher and his subsequent tendering of his witness statements.

But, his objection was overruled by the trial Judge Justice Mary Maame Ekue Yanzu on grounds that the witness was competent and duly admitted the witness statements and paragraphs.

Dissatisfied with the High Court’s ruling, Mr Quayson and his lawyers filed a motion at the Supreme Court seeking to quash the decision of the trial judge and an order of Prohibition against the judge.

Arguments
Lawyer Tsikata while moving the application, argued that there was a fundamental error albeit elementary error in the law relative to the High Court Judge’s decision.

This, he said, resulted in his client’s application “not only seeking to quash but an order of prohibition on her from proceeding in respect of her statement which was clearly in error.

The Director of Public Prosecution, Yvonne Attakora Obuobisa while opposing the motion argued that the applicant had failed to properly invoke the Supervisory Jurisdiction of the apex court.

ALSO READ:

Why I can’t comment on Assin North MP’s case – Bagbin

Teacher testifies against Assin North MP in perjury trial

According to her, the applicant has failed to show that there was a patent or fundamental error that goes to Jurisdiction and that the learned Judge acted within Jurisdiction in holding that the witness was a ‘competent witness.’

Relying on Sections 60(2), 111, and 112 of the (NRCD 323), the DPP said the evidence is personal knowledge and need not consist of the testimony of the witness himself.

She contended that, even if the said adoption of the statements by the trial judge was wrong, it does not constitute a fundamental error and thus described the application as frivolous and ought to be dismissed.

This, according to him, is because there has not been any official communication from the Supreme Court to the House.

Mr Bagbin made these remarks on Thursday after North Tongu MP, Samuel Okudzeto Ablakwa raised concerns about his colleague’s absence from the Chamber.

The Speaker indicated until the Apex Court officially informs him about the proceedings, he will not be able to comment on the matter.

“I have no basis for taking a decision in this matter because I have no records before me. I only hear about it and cannot take it as evidence.

ALSO READ:

Teacher testifies against Assin North MP in perjury trial

‘Assin North MP’ makes fresh demands

“I thought that the authorities would have done the needful. As of now, I still have no evidence of that, so all I can do is let sleeping dogs lie as we wait to hear from them,” he stated.

A Cape Coast High Court in July 2021 nullified Mr Quayson’s election as MP after it was determined that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.

The Supreme Court after several months of litigation in a 5-2 decision ruled that he can no longer perform Parliamentary duties.

James Gyakye Quayson, through his lawyers led by Tsatsu Tsikata, had moved a motion for the apex court to review its earlier decision regarding a referral they had sought at the Cape Coast Court of Appeal which was dismissed.

On March 9, this year, a five-member panel of the apex Court had in a 3-2 majority decision dismissed his application for Stay of Proceedings.

Mr Quayson, who has since been barred from performing his parliamentary duties, wanted the apex court to Stay proceedings at the Cape Court of Appeal for referral of Article 94(2)(a) for Interpretation by the Supreme Court.

But the Supreme Court dismissed it and said he ought to have first moved that application before the Cape Coast Court.

With Justices Gabriel Pwamang and Agnes Dordzie, dissenting, three Justices Gertrude Torkornoo, Clemence Honyenuga and Yonni Kulendi dismissed the application by 3-2 majority.

Dissatisfied with that ruling his lawyer filed an application for review which was opposed by the lawyers of the respondent Michael Ankomah Nimfah.

In court on Wednesday, July 27, when the enhanced panel of seven with Justice Prof. Henrietta Mensah Bonsu and Justice Prof. Nii Ashie Kottey added to the ordinary panel, the court dismissed the review.

With Justice Agnes Dordzie and Justice Gabriel Pwamang dissenting, the remaining five dismissed it in a 5-2 majority.

The court said the full reasoning of the panel would be ready by close of today (July 27, 2022).

Argument

Mr Tsikata on July 12, while moving the application, raised “jurisdictional” concerns.

Frank Davies, counsel for the first interested party (Michael Ankomah Nimfah) said, no exceptional circumstances have been raised to show that he has been caused a miscarriage of justice.

“We submit that the application is grossly misconceived and an abuse of the processes of the court,” Lawyer Frank Davies told the court.

Mr Takyi-Mensah is the first witness called by the State as it seeks to prove five charges against the legislator including Perjury.

As part of his evidence-in-chief, the witness while being led by the Director of Public Prosecution, Mrs Yvonne Atakora Obuobisa, tendered in his witness statement after Tsatsu Tsikata had raised an objection.

The NDC MP is facing five charges of allegedly misleading the Electoral Commission to clear him to contest the 2020 Parliamentary elections.

He pleaded not guilty to all five charges namely deceit of Public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury and false declaration for office.

He has pleaded not guilty to all five charges and granted GH¢100,000 bail with a surety to be justified.

Objection overruled

The objection raised by Tsatsu Tsikata, Counsel for the accused against the tendering of a witness statement by Mr Richard Takyi-Mensah, a teacher was overruled.

The Court, presided over by Justice Mary Maame Ekue Yanzuh, overruled the objection on grounds that, it was presumed that the witness had knowledge as said in the witness statement.

The court said, it could only be determined whether the witness had personal knowledge of the matter during cross-examination.

Tsatsu’s argument

Lawyer Tsatsu Tsikata, Counsel for the Accused while objecting to the tendering of the witness statement pointed out that, eight paragraphs should be expunged.

According to him, it was a basic feature of the legal process that witnesses could only testify to issues they had personal knowledge about.

Mr Tsikata further argued that, the witness does not have personal knowledge on the matters in paragraphs five to 13 in the witness statement which he sought to rely on.

It was also the case of Mr Tsikata, that, on July 29, 2019, the accused applied for a passport and Section 60 of the Evidence Act 1960 indicated that a witness may not testify on a matter unless significant evidence was introduced to support a finding that they had personal knowledge.

Counsel contended that nothing had been introduced in the witness statement that could support the finding and that, the witness statement had not said anything that indicated that the witness was speaking on behalf of the Passport Office.

He said in paragraphs 8 and 9, the witness had not made any information known to indicate that ha had personal knowledge about the accused person.

He said, the government of Canada was not represented by the witness and no bases had been laid to show that ha had personal knowledge of the matter.

DPP’s opposition

The Director of Public Prosecution (DPP) Mrs Yvonne Atakora Obuobisa, in response said the witness was a competent witness to testify in the matter.

According to the DPP, the witness had said he was the complainant or the petitioner, who reported the matter to the Director CID about the conduct of the accused person.

She added that, an investigation was conducted leading to the arrest of Mr Quayson, which resulted in him being charged with the offences.

The DPP said the petitioner in the witness statement raised issues as to the manner the accused obtained his Ghanaian passport.

Mrs Atakora-Obuobisa argued that, when it comes to whether the witness had knowledge of the matter, it was up to the defence to establish that through cross-examination.

According to the DPP, the matters raised from paragraphs 4 to 7; would be dealt with by the Director of Passport when the State brings him to tender documents in support of their case.

She said as a complainant in the case and under the Evidence Act, he had an opinion about things that have come to his knowledge.

She pointed to Section 118 of the Evidence Act, to say that, evidence is admissible even under the hearsay rule.

Justice Mary Maame Ekue Yanzuh after listening to the argument admitted the witness statement in evidence

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.

Mr Quayson has pleaded not guilty to five counts of deceit of a public officer, forgery of passport or travel certificate, knowingly making a false statutory declaration, perjury and false declaration for office over the allegation that he knew he had dual citizenship when he filed to contest the 2020 parliamentary election.

He is on bail in the sum of GH¢100, 000 with one surety.

The MP is, however, urging the court to strike out three of the five charges — forgery of passport or travel certificate, perjury and false declaration for office.

Stay of proceedings

Lead counsel for Mr Quayson, Tsatsu Tsikata, made this known to the court on yesterday and further said his client had also filed an application of stay of proceedings for the Court of Appeal to put the trial on hold.

The presiding judge, Justice Mary Maame Ekue Nsenkyire, held that by law, the filling of an application for stay of proceedings at the Court of Appeal did not automatically put the trial on hold.

Consequently, she ruled that the trial would proceed and adjourned the case to June 1 for the motion to strike out the three charges to be heard and for a date for trial to be fixed.

The facts by the prosecution indicated that Mr Quayson was charged with the offences following a complaint by Richard Takyi-Mensah, a teacher, and subsequent investigations by the police.

According to the prosecution, on July 26, 2019, Mr Quayson applied for a Ghanaian passport and indicated on the application form that he did not have dual citizenship.

“The accused, at the time, held Canadian citizenship issued on October 30, 2016, but failed to declare same on the application form. The passport application of the accused person was vetted on July 29, 2019.

“Based on this false information, together with the other information provided by the accused person on the passport application form, he was issued with a Ghanaian passport on August 2, 2019,” the prosecution said.

The prosecution further explained that in October 2020, Mr Quayson picked up nomination forms from the Electoral Commission (EC) to contest the Assin North parliamentary seat but failed to indicate that he had dual citizenship.

“Mr Quayson was issued with a renunciation certificate of his Canadian citizenship on November 26, 2020, about 48 days after he had made the false statutory declaration and filed his nomination forms,” the prosecution added.

The hearing was initially scheduled for Tuesday, May 10, but was adjourned to today.

The apex court, on Wednesday, April 13, in a 5-2 majority ruling, stopped Mr. Quayson from holding himself out as Assin North MP.

The apex court said it had a duty to protect the sanctity of the constitution.

This is until the substantive case was determined against him at the Supreme Court.

“The application succeeds. The MP is restrained from holding himself as MP for Assin North and restrained from attending Parliament to conduct business on behalf of the people of Assin North.

“The restriction remains until the final determination of the substantive matter. We direct that the case hearing be expedited,“ the Court ruled.

However, the embattled MP subsequently filed for a review of the ruling, stating that the ruling was a patent and fundamental error of the law and a breach of portions of Ghana’s constitution.

He maintained that the court’s decision failed to appreciate that the suit was in reality an attempt to enforce the decision of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court.

“The majority decision was in patent and fundamental error in granting an order of interlocutory injunction pending the determination of the suit when what the Applicant was seeking by this application was for the execution of decisions in the courts below and this error occasioned a gross miscarriage of justice against the 1st defendant/respondent,” he said in his review application.

The embattled MP says the majority 5-2 decision was a patent and fundamental error of the law and a breach of portions of Ghana’s constitution.

A Supreme Court panel comprising Justices Jones Dotse, Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi restrained Mr Quayson from holding himself out as a Parliamentarian.

“The application succeeds. The MP is restrained from holding himself as MP for Assin North and restrained from attending Parliament to conduct business on behalf of the people of Assin North.

“The restriction remains until the final determination of the substantive matter. We direct that the case hearing be expedited,“ Justice Dotse ruled.

This followed an application by a resident of the constituency Michael Ankomah Nimfah.

Mr Quayson contends that the court’s decision was wrong in that it effectively attempts to execute a decision of the Cape Coast High Court in a manner that occasions a gross miscarriage of justice against him.

The embattled MP’s troubles commenced after the Cape Coast High Court in July 2021 nullified his election, stating that he was not eligible to contest the polls.

Mr Quayson has since been fighting to set this aside, but his biggest setback is this restraining order imposed by the Apex Court.

By urging the court to review its decision, two other judges will be joining the original seven-member panel.

The case is scheduled for hearing on May 17, 2022.

The MP has also filed another application urging the Supreme Court to set aside the substantive case against him by Michael Ankomah Nimfah.

That is scheduled for hearing on May 10, 2022.

ALSO READ:

• ‘Morale session’ at funeral of immigration officer killed on duty [Video]

• Akufo-Addo, Mahama mourn with family of late former First Lady at one-week celebration [Photos]

• Deputy Minister justifies CLOGSAG’s demand for neutrality allowance

The Supreme Court Wednesday ruled that the Assin North Member of Parliament, Mr Quayson cannot hold himself as the Member of Parliament for the people of Assin North.

At the Wednesday ruling, Justices Agnes Dordzie and Nene Amegatcher dissented while Justices Prof. Henrietta Mensah Bonsu, Mariama Owusu, Gertrude Torkornoo, and Emmanuel Yonny Kulendi as well as Justice Jones Dotse, presiding voted in favour.

In an earlier ruling at the Cape Coast High Court, presided over by Justice Coram Kwasi Boakye, the court had ruled that Mr Quayson was not eligible to contest the December 7, 2020, Parliamentary Elections because he bore dual citizenship before picking nomination forms from the Electoral Commission, Ghana (EC).

Reacting to the ruling the now former Assin North Member of Parliament says he takes his energy from the youth in his constituency who have proven that they have what it takes to ensure the growth of the constituency.

He assured them that they will laugh last indicating that the last laugh is the best.

Mr Quayson indicated that the fight is not just about him but for the people who trusted him and gave him the mandate to represent them in the lawmaking house.

“I would have given up this fight by now if I were fighting on my own volition or for my personal gratification. I came down here to take up this mantle upon your numerous calls and at this point, I live not for myself but for your interest,” he said.

Read his statement below:

James Gyakye Quayson writes, …..

I would have given up this fight by now if I were fighting on my own volition or for my personal gratification. I came down here to take up this mantle upon your numerous calls and at this point, I live not for myself but for your interest.

Especially the teeming Youth in the constituency who have proven to me that, you have what it takes to make Assin North great and strong given the needed support and direction.

I remain overwhelmed by your outpour of unalloyed Solidarity and brazen commitment in the face of the callous desire of the government to undermine your will and choices.

I am emboldened by your unwavering support to keep soldiering on and I am optimistic our laugh shall be the best because we shall definitely laugh last.

General Secretary of the National Democratic Congress, Johnson Asiedu Nketia, has described the Supreme Court ruling against Assin North MP as an act of vengeance.

General Mosquito, as he is popularly known, stated his conviction stems from the Attorney-General, Godfred Yeboah’s reaction following the Supreme Court ruling.

The Apex Court in a majority 5-2 decision on Wednesday ruled that James Gyakye Quayson can no longer hold himself as Assin North MP.

Addressing the media after the proceeding, Mr Dame said there must be an equal application of the law such that Mr Quayson suffers the same fate as former Bawku Central MP, Adamu Sankande.

Mr Sakande was sentenced to two years imprisonment for contesting the Bawku parliamentary seat though he had not denounced his UK Citizenship.

But in reaction, Mr Nketia indicated the Attorney General has exposed a major agenda by the incumbent New Patriotic Party.

“The Attorney General has let a cat out of the bag and it proves they are looking for vengeance and not justice by making reference to Sakande’s case which is entirely different from this except for the dual citizenship.

“Sakande was in parliament for more than a year when he hadn’t renounced his UK citizen but in this case, he [Gyakye Quayson] had renounced before the election,” he said on Accra-based Okay FM.

He added a bad precedent is being set that will not augur well for the country’s judicial processes.

On Wednesday the apex court, in a majority 5-2 decision, ruled that Assin North MP, James Gyakye Quayson, can no longer perform Parliamentary duties.

This implies that the people of Assin North will for the time not have a representation in Parliament.

Addressing the press following court proceedings, the A-G noted that if not for the “legal gymnastics” that had been employed by the lawyers for Mr Quayson, a by-election should have been conducted long ago.

He indicated that “the High Court has ruled, given a judgement and determined the status of the gentleman as not qualified to have stood for election and had actually cancelled the election conducted in the Assin North constituency. The Court of Appeal subsequently struck out his appeal for non-compliance with the rules of the Court of Appeal.”

He, therefore, said since there is no appeal pending, “the way is clear. In my view, there should be nothing in the way of the Electoral Commission to declare the seat vacant.”

The Supreme Court has ordered an expedited hearing and determination of the matter.

According to the Attorney-General, he is hopeful the Supreme Court hearing will also affirm all the laws that have been established by the courts.

Meanwhile, the ruling delivered is to be upheld until the determination of the substantive case filed against Mr Quayson at the Supreme Court.

Justices Dordzie and Nene Amegatcher held the minority view.

The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.

Abraham Amaliba maintained that, until the determination of the substantive case about whether or not Mr Quayson held dual citizenship prior to the 2020 elections, no such action can be taken.

The Apex Court in a majority 5-2 decision, restrained the Assin North MP from attending Parliament to conduct business on behalf of the people of Assin north.

This, many believe, is victory for the ruling New Patriotic Party (NPP) which has been rooting for a by-election to increase their numbers in Parliament.

But reacting to this on Asempa FM’s Ekosii Sen programme Wednesday, Abraham Amaliba said such jubilation is premature.

“EC cannot hold by-election in Assin North. The Supreme Court, when adjourning today, said the substantive matter has been adjourned sundial until that matter is disposed of, nobody should be talking about by-election,” he said.

According to him, once the Supreme Court has not made such ruling, not even the Clerk of Parliament can order the EC to hold a by-election.

He said it is not fair for the Supreme Court to stop the Assin North MP from representing the over 30 thousand constituents in Assin North.

“Denying the good people of Assin North of a representative in Parliament is not fair. How can you call such a country democratic when part of the people are not represented,” he quizzed.

Mr Amaliba, who is also the Director of Legal Affairs for the opposition National Democratic Congress, hinted they might seek review before the final determination of the case.

“As lawyers, we are meeting this evening, and we will make a decision. It’s 5-2; it’s possible that a review can be made, and if the judges are minded, they can turn around the decision, but nobody should be talking about a bye-election now when the matter itself has not been disposed of,” he said.

Lawyers for Assin North Member of Parliament (MP), James Gyakye Quayson, have expressed dissatisfaction over the Supreme Court’s ruling that the MP can no longer perform parliamentary duties.

This was through a majority 5-2 decision on Wednesday, pending the determination of the substantive case filed against him at the Apex Court.

Reacting to the development, one of the lawyers, Baba Jamal, said they vehemently disagree with the position of the court.

According to the former Akwatia MP, they expected that the embattled MP would still perform his parliamentary duties while the case continues.

“I think it is a sad day for all of us because what it means is that Assin North is not going to have representation in parliament.

“That is a sad situation because there is precedence in this country with the case of Ayawaso West Wuogon, the lady was allowed to stay in parliament till the final day of the determination of the case so we thought the Supreme Court will consider that and allow a representation,” he bemoaned while addressing the press after proceedings.

With the unfavourable turnout of events, Mr Jamal said: “The legal team will meet and officially know the next step to take.”

Meanwhile, Mr Quayson was not present in court.

A Cape Coast High Court in July 2021, nullified the election of Mr Quayson after it found that 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.

Listen to Baba Jamal in the audio above:

The legal team, comprising Tsatsu Tsikata and Justin Teriwajah, say forum shopping and manipulation of the judicial process cannot be a justification for the ousting of an individual who contested and won an election after gaining 54.19% of valid votes cast.

This is contained in documents filed on behalf of the MP at the Supreme Court.

The court will on Wednesday, April 13 deliver a major ruling.

It is a ruling on an application filed by a resident of the constituency, Michael Ankomah Nimfah, urging the court to restrain the legislator from performing parliamentary duties.

A Cape Coast High Court in July 2021, nullified the election of Mr Quayson after it found that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.

Mr Nimfah, who filed this election petition, in January 2022 initiated another action at the Supreme Court.

ALSO READ:

• Your Lordships can decide anyway you want -Tsatsu Tsikata tells Supreme Court judges

• Assin North MP’s Case: Tsatsu Tsikata cites petitioner for contempt

• Assin North MP was attending urgent Parliamentary business – Tsatsu Tsikata tells 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.

But lawyers for the MP disagree.

They contend that prior to the election, the eligibility of Mr. Quayson was challenged.

The Electoral Commission, they continue, cleared the MP to contest the polls.

They recount that the matter ended up at the High Court with the court nullifying the polls.

They, however, say that the Cape Coast High Court erred in reaching this conclusion as it should have referred relevant portions of the Constitution to the Supreme Court for interpretation.

The lawyers say that at each stage of the case, be it at the High Court or the subsequent Appeal at the Court of Appeal, Mr. Nimfah’s lawyers insisted no issues of interpretation arise.

They argue that in the substantive case accompanying the request to restrain the legislator, Mr. Nimfah’s lawyers nonetheless concede that an issue of interpretation arises.

This they say will mean the Supreme Court would have to speak on the matter after which the case will be sent back to the High Court.

“That the Supreme Court cannot proceed with the reliefs sought by the Plaintiff based on mere and unverified allegations of his owing allegiance to a country other than Ghana.

“That it would be denying the people of Assin North their right of representation in the 8th Parliament of the Fourth Republic if the Supreme Court were to grant the reliefs sought by the Plaintiff even on an interim basis.

The plaintiff ought not to be allowed in forum shopping and sheer manipulation of the judicial process to turn justice on its head.”

According to one of his lawyers, Justin Teriwajah, the application filed by a resident of the constituency, Michael Ankomah, only regurgitates the reliefs of the same issue being heard by other panels under the pretext of invocation.

This is contained in documents filed on behalf of the MP at the Supreme Court on April 12, 2022.

He explained to the court that the “plaintiff is not engaged in a genuine quest for an authoritative interpretation from this court of a constitutional provision.”

“Rather, under the guise of an invocation of the original jurisdiction of this court, he is seeking reliefs which are the subject matter of the pending suits in the lower courts, as well as this court.”

The court will, on Wednesday, April 13 deliver a major ruling.

A Cape Coast High Court in July 2021, nullified the election of Mr Quayson after it found that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.

Mr Nimfah, who filed this election petition, in January 2022 initiated another action, urging the Supreme Court to give effect to the Cape Coast High Court Judgement and prevent a further breach of the Constitution by restraining the MP.

However, lawyers for Mr Quayson say this development is tantamount to an abuse of power.

“The writ filed invoking the original jurisdiction of the Supreme Court is simply an abuse of the process of court,” he added.

“What Plaintiff is seeking in the election petition that he instituted against the defendant is clearly the process that this court ought to have him continue pursuing as against this new suit.”

The legal team, comprising Tsatsu Tsikata and Justin Teriwajah, say forum shopping and manipulation of the judicial process cannot be a justification for the ousting of an individual who contested and won an election after gaining 54.19% of valid votes cast.

ALSO READ:

• Assin North MP’s Case: Tsatsu Tsikata cites petitioner for contempt

• Assin North MP was attending urgent Parliamentary business – Tsatsu Tsikata tells Supreme Court

• Your Lordships can decide anyway you want -Tsatsu Tsikata tells Supreme Court judges

New Juaben South Member of Parliament (MP), Michael Okyere Baafi, has urged his Assin North colleague, James Gyakye Quayson, to tread cautiously in the case challenging his eligibility.

Mr Okyere Baafi says he expects his embattled colleague to be smart and act according to the law, especially when he has been ordered not to hold himself as MP.

To the former, Mr Quayson may at the moment have the support of his party [National Democratic Congress ], but at a point, he will be lonely as the party can no longer go further with him on whatever the consequences may be.

“Sometimes you have to be very smart. Your people can urge you on but at a time you will be lonely. That is what has happened.

“Whether he likes it or not he will only get the support of the party from outside. They cannot come in to help him. So if it is a jail sentence, you will suffer that alone,” he said in an interview with Accra-based TV3.

Stressing how severe events may unfold, he recounted the case of a former Bawku Central MP, Adamu Dramani Sakande on the ticket of the New Patriotic Party who faced the same situation in 2012.

“You did not conduct yourself well, you failed to meet the criteria to become MP and somebody has challenged you. We have had this situation before where an MP was imprisoned and the chances are that this guy will also follow suit.

“You saw this coming but they were cheering you up and you thought the cheering up will save you but we are talking about the law. When you are faced with the reality so will you face the law and consequences alone,” he cautioned.

Meanwhile, the Supreme Court has set April 13, 2022, to deliver its ruling on whether Mr Quayson should be stopped from performing Parliamentary duties or not.

This comes after a Cape Coast High Court in July 2021 nullified his election after it was 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.

Play the audio above:

This was a review application that urged the Apex Court to set aside its March 8 ruling that ordered the legislator to file his defence in a case seeking to stop him from performing parliamentary duties.

The Court on March 8 noted that the case against the MP has been sufficiently brought to his attention.

The Apex Court on February 22 directed that court processes be brought to the attention of the MP through a publication in the Daily Graphic newspaper and posting on the wall of the Supreme Court in Accra, the High Court in Cape Coast and the residence of the MP.

This was after the private citizen, who filed the case against the MP, Michael Ankomah Nimfah, through his lawyers, told the court all attempts to give the MP court documents had proved unsuccessful.

A Cape Coast High Court in July 2021 annulled the Assin North Parliamentary elections when it ruled that Mr Quayson owed allegiance to another country other than Ghana at the time of filing his nomination forms to contest the polls.

The MP has since been fighting to set this aside at the Court of Appeal.

Lawyers for Mr Nimfah want the MP restrained from performing Parliamentary duties while they await the decision of the Court of Appeal.

In Court on March 8, lawyers for the MP, led by Tsatsu Tsikata, informed the court that its order for substituted service had not been fully complied with.

He said the publication in the Daily Graphic did not contain all court processes but simply had the order of the court and the date for hearing.

Lawyer for Mr Nimfah, Frank Davies, told the court a misunderstanding of its order in respect of the Daily Graphic Publication does not mean the MP is not aware of court processes.

He explained that the order modes of service had been complied with.

The court then took notice of the fact that court processes had been given to Mr Tsikata’s Co-Counsel Justin Teriwajah.

The Court was informed by the Registrar that it provided the necessary documents because of a letter it received from Mr Teriwajah informing the registry of his appointment as the lawyer for the legislator.

Attorney General Godfred Yeboah Dame told the court the said letter written by the lawyers and subsequent receipt of documents meant sufficient notice of the case had been given.

The Court by a unanimous decision dismissed the objection raised by Mr Tsikata.

“The essence of substituted service is to bring to the attention of a party of the pendency of the suit. This court does not expect all processes to be published. Again the letter by Mr Teriwajah speaks for itself. We, therefore, dismiss the preliminary objection.

“On the issue of whether this case is ripe for hearing this court in a majority decision of 6-1 with Justice Kulendi desenting holds that the first accused was duly served as at 28 February 2022. The cause is adjourned to 16 March 2022 for hearing. The First defendant is to file all processes on or before March 16,” President of the Panel Justice Dotse ruled.

Mr. Tsikata on Wednesday, March 16,2022 informed the court that he had filed two applications. One seeks to urge the court to halt proceedings while another is asking that it reviews its March 8 ruling. The court, therefore, adjourned proceedings to deal with these applications on March 29.

On Tuesday March 29, Mr Tsikata informed the court of a new application he had filed. This was urging the court to permit him to file additional documents in support of his review motion. This was granted by the Court. He then made another request asking the court for time to study documents that had been filed in Opposition to his review application. This was not granted by the court.

He then moved his review application. He urged the court to set aside its March 8 ruling saying it sinned against its time tested rulings on similar matters.

Lawyer for Michael Ankomah Nimfah, Frank Davies opposed the application. He insisted Mr. Tsikata had failed to show how the decision of the court resulted in a miscarriage of justice to merit a review of that decision. The Court adjourned proceedings April 5 to deliver its ruling.

Justice Jones Dotse on Tuesday April 5 read the ruling of the court.

“The application lacks merit and is accordingly dismissed”, Justice Dotse stated.

He indicated that the detailed reasons for the court’s position will be filed at the Court’s registry.

The case is being heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi. Prof Ashie Kotey and Justice Clemence Honyenuga are the two judges that joined the original seven member panel for this review.

On March 8, the Supreme Court ordered the legislator to file his defence in the case after it had ruled that the MP has been sufficiently given notice of the case against the legislator.

The Apex Court on February 22, directed that court processes be brought to the attention of the MP through a publication in the Daily Graphic newspaper and posting on the wall of the Supreme Court in Accra, the High Court in Cape Coast and the residence of the MP.

This was after the private citizen, who filed the case against the MP, Michael Ankomah Nimfah, through his lawyers, told the court all attempts to give the MP court documents have proved unsuccessful.

A Cape Coast High Court in July 2021 annulled the Assin North Parliamentary elections when it ruled that Mr Quayson owed allegiance to another country other than Ghana at the time of filing his nomination forms to contest the polls.

The MP has since been fighting to set this aside at the Court of Appeal. Lawyers for Mr Nimfah want the MP restrained from performing Parliamentary duties while they await the decision of the Court of Appeal.

In Court on Tuesday, March 8, lawyers for the MP, led by Tsatsu Tsikata, informed the court that its order for substituted service had not been fully complied with.

He said the publication in the Daily Graphic did not contain all court processes but simply had the order of the court and date for hearing.

“Another notice appeared in the Daily Graphic of the first of March and again my Lord it had only the order of substituted service and hearing notice to the parties. The hearing notice served on us flies in the face of the order that your Lordship made,” Mr Tsikata said.

Lawyer for Mr Nimfah, Frank Davies, told the court a misunderstanding of its order in respect of the Daily Graphic Publication does not mean the MP is not aware of court processes. He explained that the order modes of service had been complied with.

The court then took notice of the fact that court processes had been given to Mr Tsikata’s Co-Counsel Justin Teriwajah.

The Court was informed by the Registrar that it provided the necessary documents because of a letter it received from Mr Teriwajah informing the registry of his appointment as the lawyer for the legislator.

Attorney General Godfred Yeboah Dame told the court that the said letter written by the lawyers and subsequent receipt of documents meant sufficient case had been given.

The Court by a unanimous decision dismissed the objection raised by Mr Tsikata.

“The essence of substituted service is to bring to the attention of a party of the pendency of the suit. This court does not expect all processes to be published. Again the letter by Mr Teriwajah speaks for itself. We, therefore, dismiss the preliminary objection.

“On the issue of whether this case is ripe for hearing this court in a majority decision of 6-1 with Justice Kulendi dissenting holds that the first accused was duly served as at 28 February 2022. The cause is adjourned to March 16, 2022, for a hearing. The First defendant is to file all processes on or before March 16,” President of the Panel Justice Dotse ruled.

On Wednesday, Mr Tsikata informed the court that he had filed two applications.

One seeks to urge the court to halt proceedings while another is asking that it reviews its March 8, ruling.

The court, therefore, adjourned proceedings to deal with these applications on March 29.

The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, GertrudeTorkonoo, Prof. Mensah Bonsu and Emanuel Kulendi.

The application for interlocutory injunction, which was filed at the Supreme Court by Michael Ankomah Nimfah, is seeking to prohibit the MP, after he defied a Cape Coast High Court’s order to vacate his seat for a fresh election.

The High Court had found that the MP was holding both Ghanaian and Canadian citizenship at the time he filed his nomination to contest the 2020 election, an act that breaches Article 94 Clause 2(a) of the Constitution.

The plaintiff wants the Supreme Court to bar the MP from carrying himself out as the MP for Assin North as well as the interpretation of Article 94(2a) which deals with dual citizenship.

The processes were served through substituted service after all efforts to serve the MP personally proved futile.

Attempts by a bailiff of the Assin Fosu High Court to serve him through his residential address at Assin Bereku failed, as were attempts to serve him through his residential address in Accra.

A bailiff of the Supreme Court was allegedly manhandled after the MP ordered his bodyguard to throw him out, when he attempted to serve the MP at his Job 600 office in Parliament House.

Frank Davies, counsel for Mr. Nimfah, therefore, applied for an order of substituted service which was granted by a seven-member panel of the Supreme Court presided over by Justice Jones Dotse, and assisted by Justice Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof. Henrietta Mensah-Bonsu and Yonny Kulendi

The plaintiff was granted leave to paste copies of the writ on the gate of the MP’s residence at Assin Bereku, on the notice boards of the Supreme Court and the Assin Fosu High Court.

Copies of the notice of the writs were also to be published in the Daily Graphic which becomes valid within seven (7) days of publication.

These directives were complied with by the plaintiff, with copies of the writ posted on the wall to his house at Assin Bereku.

Copies were also posted on the notice boards of the Supreme Court and Assin Fosu High Court, while the publication in the Daily Graphic was done on February 26, 2022.

The Bortianor-Ngleshie Amanfrom Member of Parliament (MP) has alleged the National Democratic Congress (NDC) is already looking for candidates to replace Assin North MP, James Gyakye Quayson.

According to Sylvester Tetteh, he knows the people who have so far been approached with regard to the portfolio.

“I spoke to him and made him aware he was just used for the election because in this country we have a precedent and as of now, I’m reliably informed the NDC is already scouting for candidates to replace him,” he said on Accra-based Peace FM.

A Cape Coast High Court in July 2021, ruled that Mr Quayson cannot hold himself as MP since he held dual citizenship at the time he filed nomination to contest the 2020 election.

This borders on Article 94(2)(a) of Ghana’s constitution that says a person shall not be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana.

He was, therefore, dragged before the Supreme Court to stop him from holding himself as an MP but he continues to parade himself as MP despite the ruling.

But Mr Tetteh has stated he cannot fathom why his colleague will allow himself to be led astray, considering his caliber of person.

“I feel very sorry for the gentleman and if you know him, he is a gentleman personified both in attitude and character. He is calm and does his things in an orderly manner so I don’t know why he will allow this,” he bemoaned.

ALSO READ:

• Assin North MP not above the law but… – Haruna Iddrisu [Audio]

• An innocent person has nothing to fear – Embattled Assin North MP says as…

Meanwhile, the Supreme Court on Tuesday ordered a substituted service on Mr Quayson.

The Court, by this order, has asked for a case that is seeking to stop Mr Quayson from holding himself as an MP, to be published in the Daily Graphic and at his residence.

This comes after a seven-member apex court panel upheld an application by the plaintiff – a resident of Assin Breku, Mr Michael Ankomah-Nimfah.

Per the direction of the court, a court case that is seeking to stop Mr Quayson from holding himself as an MP should be published in the Daily Graphic and at the residence of the MP.

A seven-member panel of the apex court gave the order after it upheld an application by the plaintiff – a resident of Assin Breku, Mr Michael Ankomah-Nimfah.

Moving the application, counsel for Mr Nimfah, Mr Frank Davies, submitted that all efforts to serve Mr Quayson with the court process had proved futile.

Background

Mr Ankomah-Nimfah, who secured a judgement from the Cape Coast High Court nullifying the election of Mr Quayson on the basis that he held Canadian citizenship, wants an injunction from the apex restraining him from holding himself as an MP.

Mr Quayson has been dragged before the Supreme Court to stop him from holding himself as an MP.

The plaintiff argues that despite the judgement of the Cape Coast High Court, Mr Gyakye continues to parade himself as a sitting MP.

ALSO READ:

• Assin North MP not above the law but… – Haruna Iddrisu [Audio]

• Assin North MP pleads not guilty to forgery charge

He is also seeking an interpretation of Article 94(2)(a) of the 1992 Constitution which bars a person owing allegiance to another country from contesting as an MP, the same constitutional provision the High Court used to nullify the election.

Minority Leader, Haruna Iddrisu, has said it has at no point in time been the intention of his side not to make Assin North Member of Parliament (MP), James Gyakye Quayson, accountable to the law.

However, their only challenge is the procedures with which the case is being handled which raise concerns about the law itself and the respect of the constitution.

“It is about the law and respect for the constitution of Ghana, which is our highest law. You heard the Justices of the Supreme Court at the last hearing state emphatically that the manner of service was unconstitutional.

“Let me put it out quite clearly that at no point in time has it ever been the intention of the Honourable MP not to be accountable to the law,” Mr Iddrisu said.

The Tamale South MP made these remarks after the Accra High Court on Tuesday granted a ¢100,000 bail with one surety to the embattled lawmaker.

This was after he [Mr Quayson] pleaded not guilty to all five charges including perjury against him.

The Presiding Judge, Justice Mary Maame Ekue Nsenkyire, ordered the prosecution to file disclosure documents and have same served on the accused person.

Mr Iddrisu stressed there are due processes which in itself are easy to be followed to get Mr Quayson served as was done in the past.

“What we have sought to question is, the process and procedure allowing us to be accountable to the law. The same honourable Quayson was arraigned before the CID, so ask yourself how did that happen?

ALSO READ:

• An innocent person has nothing to fear – Embattled Assin North MP says as…

• Attempts to serve Assin North MP in Parliament unconstitutional – Minority

“They came properly through the Speaker and he facilitated that. So if you want to serve him, the easy thing to do is to come to the same room of the Speaker. He was in the chamber on Friday, therefore,” he urged.

He added: “What to do is to pass through the Office of the Speaker. Speaker Alban Bagbin will not shield any person or say anywhere that Members of Parliament are above the law, we are not above the law, we are accountable to the law.”

Play the audio above:

The High Court in July 2021 annulled the Assin North Parliamentary elections saying Mr Quayson was not eligible to contest the polls.

Mr Quayson has since been legally fighting to set this aside with the matter currently pending at the Court of Appeal.

A resident of the constituency, Michael Ankomah Nimfah, who initiated the action against the MP at the High Court has sought the intervention of the Supreme Court to stop the MP from performing Parliamentary duties.

That matter remains pending as court officials have been unable to serve the MP with the court processes.

The Attorney General’s Office this year filed criminal charges against the legislator. Mr Quayson, who has not been in court on at least two occasions, was present in court on Tuesday.

His lawyer, Tsatsu Tsikata urged the court not to proceed to take the plea of the MP due to some constitutional issues.

He argued that documents filed by the AG as the basis for the charge sheet raise issues that require interpretation of some constitutional provisions. This he insisted is a task reserved for only the Supreme Court.

Deputy Attorney General, Alfred Tuah Yeboah, told the court no issue of interpretation arises. He said the business of the day was to have the accused person respond to the charges in accordance with the law.

Justice Mary Nsenkyire ruled in favour of the Deputy AG and directed that the accused person’s plea be taken.

Mr Tuah Yeboah briefed the court on the facts of the case:

“The brief facts of this case are that the accused person James Gyakye Quayson is the Member of Parliament for Assin North Constituency. The complainant, Richard Takyi-Mensah is a teacher and a resident of Yamoransa in the Central Region of Ghana.
On 26th July 2019, the accused person signed an application form for a Republic of Ghana passport. In the application form, he indicated that he is a Ghanaian and does not have dual citizenship.

“The accused at the time held Canadian citizenship issued on 30th October 2016 but failed to declare same on the application form. The passport application of the accused person was vetted on the 29th of July 2019.

“Based on this false information together with the other information provided by the accused person on the passport application form, he was issued with a Ghanaian passport, number G2538667 on 2nd August 2019.

“Again, before the 2020 General Elections of Ghana was conducted on 7th December 2020, nominations were opened between the 5th and the 9th of October 2020. The accused person picked up nomination forms to contest for the position of Member of Parliament for Assin North Constituency.

“The accused person at the time was a Ghanaian and a Canadian citizen, making him a dual citizenship holder. He was therefore disqualified under Article 94(2)(a) of the 1992 Constitution of the Republic of Ghana to be a Member of Parliament.

“In part IV of the nomination forms of the Electoral Commission of Ghana, the accused person used a statutory declaration which he had sworn to on 6th October 2020 before the District Court Registrar at Assin Fosu stating that he does not owe allegiance to any country other than Ghana.

“The accused person further went ahead to file his nomination forms on October 8, 2020, with the false information in the statutory declaration. Based on this false information together with other information provided by the accused person in the nomination forms, his nomination was accepted by the Electoral Commission.

“He contested for the position and subsequently won the seat. The accused person was issued a Certificate of Renunciation of his Canadian citizenship dated 26th November 2020, about forty-eight days after he had made the false statutory declaration and filed his nomination forms.

“On 14th January 2021, the Director-General of the Criminal Investigations Department received a petition dated 11th January 2021 from the complainant in which the complainant reported these actions of the accused, leading to investigations against him.

“In his cautioned statement to the police, the accused person claimed that at the material time, he honestly believed that he did not owe allegiance to any other country. The accused person was subsequently charged with the offences in the charge sheet.

“It is based on these facts that the accused person, James Gyakye Quayson has been arraigned for trial.”
 
Mr Quayson was then granted bail in the sum of 100,000 cedis with one surety. He’s also to deposit his passport at the court registrar’s office. The case has been adjourned to March 15, 2022.

The embattled MP had been absent on two separate occasions after the prosecution said all efforts to serve him with the charge sheet proved futile.

The court had issued a criminal summon on the MP and he was subsequently served.

He appeared in court accompanied by some leading members of the opposition National Democratic Congress, notable among them Hannah Tetteh, Marietta-Brew Oppong, Samuel Ofosu-Ampofo, Okudzeto Ablakwa, and Haruna Iddrisu.

His lawyer, Tsatsu Tsikata told the court that the MP became aware of a charge sheet that was posted outside his house and that has been made public in the media.

He however, said they were going to raise issues in relation to that process of service as well as other constitutional matters as contained in the charge sheet.

“This morning we are also before the Supreme Court moving an application in a related matter,” he added.

The court presided over by Justice Mary Nsenkyire, however, told him to come formally with an application for the court to deal with it.

Ashong Okain, a Senior State told the court that the case was scheduled for 10:am and the substantive attorney, the Director of Public Prosecutions, Yvonne Atakora Obuobisa, was currently on her feet and had asked him to tell the court that she will show up at the time fixed.

Justice Nsenkyire after checking the court’s records indicated that the case was scheduled for 10:am and therefore, stood it down.

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.

READ ON:

• Assin North MP was attending urgent Parliamentary business – Tsatsu Tsikata tells Supreme Court

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.

The Court, headed by Justice Jones Dotse, has therefore instructed the Court Registrar, Matthew Antiaye, to make available a comprehensive report on the alleged assault of the Court’s official.

Judge Jones Dotse, gave the directive while ruling on the substantive matter of the court’s inability to serve Mr Quayson with a summons.

The report by the Court Registrar will subsequently be given to the Chief Justice, Justice Anin-Yeboah, for investigations to begin.

Other members of the panel who sat on Tuesday included, Nene Amegatcher, Gertrude Torkonor, Yoni Kulendi, Agnes Dordzi, Mariama Owusu, and Prof. Henrietta Mensa-Bonsu.

Background

Supreme Court Registrar, Matthew Antiaye, on Tuesday, told the seven-member panel about how, Joshua Baming was thrown out of the office of the Assin North MP, by the legislator’s bodyguard.

On separate occasions, court officials at the Supreme Court and prosecutors at the High Court have pointed out their inability to find the MP to hand him court processes. The action at the Supreme Court is among other things, seeking to restrain the MP from performing Parliamentary duties. There is another criminal case in which the MP is accused of forgery and perjury.

A Cape Coast High Court in July 2021, ruled that Mr Quayson was not eligible to contest the 2020 polls as he held dual citizenship at the time of filing. Mr. Quayson has since been fighting to set aside the matter currently pending at the Court of Appeal.

The Supreme Court had earlier ordered that the court process be served on the MP through the address stated on the case filed by Private citizen Michael Nimfah who initiated the action against the MP.

This address is the MP’s private residence in the constituency. The Supreme Court Registrar said an attempt was made to serve the MP at this address but a caretaker of the place is said to have told the bailiff that the MP has travelled and had no idea when he will be returning.

On the botched attempt in Parliament, the Registrar said the bailiff met the MP but the MP refused to be served and asked his bodyguard to throw the bailiff out of his office.

This order, according to the Registrar, was carried out.

The case was then adjourned to March 1, after the lawyer for the private citizen, Frank Davies said an application for substituted service will be made to the Apex Court if the bailiffs are still unable to serve Mr Quayson with the documents.

He could not fathom why such a noble man belonging to the opposition National Democratic Congress (NDC) will gamble with his life because of partisan interest.

The Assin North MP has been charged with perjury and forgery by the Attorney-General’s office.

The NDC MP is being accused of deceiving a public officer and knowingly making a false declaration.

But the Minority in Parliament has vowed to resist any attempt by government to reduce their numbers in the August House ahead of voting on the controversial E-levy.

Reacting to this on Asempa FM’s Ekosii Sen programme Friday, Mr Annoh-Dompreh said the Minority just wants to seek public sympathy.

He said that argument is moot because prosecution of the Assin North MP begun long before government introduced E-levy.

Hon. Annoh-Dompreh, who is also MP for Nsawam Adoagyiri constituency, urged the NDC and lawyers of Hon. Gyakye Quayson to argue their case in court not in the court of public opinion.

“Enforcement of the law is not in our bosom as law makers so if the NDC has any argument, they should do it in court,” he stated.

The Majority Chief Whip maintained that, government is focused on the bread and butter issues of Ghanaians not to reduce numbers of the NDC Caucus.

Hon. Annoh-Dompreh urged the Assin North MP to take his destiny into his hands and abide by the rule of law.

He is also accused of deceiving a public officer and knowingly making a false declaration.

The High Court in July 2021 annulled the Assin North Parliamentary elections saying Mr Quayson was not eligible to contest the polls.

Mr Quayson has since been legally fighting to set this aside with the matter currently pending at the Court of Appeal.

A resident of the constituency, Michael Ankomah Nimfah, who initiated the action against the MP at the High Court, has sought the intervention of the Supreme Court to stop the MP from performing Parliamentary duties.

That matter remains pending as court officials have been unable to serve the MP with the court processes.

JoyNews has sighted a copy of the criminal summons filed against the MP. The MP was to show up in court on Thursday, February 3 but that did not happen. Prosecutors say they have been unable to serve the MP with the summons.

The court directed that a hearing notice be issued and served on the MP directing him to appear in court on February 9, 2022.

The criminal summons recount the facts of the case as follows:

“The brief facts of this case are that the accused person James Gyakye Quayson is the Member of Parliament for Assin North Constituency. The complainant, Richard Takyi-Mensah is a teacher and a resident of Yamoransa in the Central Region of Ghana.

“On 26th July 2019, the accused person signed an application form for a Republic of Ghana passport. In the application form, he indicated that he is a Ghanaian and does not have dual citizenship.

“The accused at the time held a Canadian citizenship issued on 30th October 2016 but failed to declare the same on the application form. The passport application of the accused person was vetted on the 29th of July 2019.

“Based on this false information together with the other information provided by the accused person on the passport application form, he was issued with a Ghanaian passport, number G2538667 on 2nd August 2019.

“Again, before the 2020 General Elections of Ghana was conducted on 7th December 2020, nominations were opened between the 5th and the 9th of October 2020. The accused person picked up nomination forms to contest for the position of Member of Parliament for Assin North Constituency.

“The accused person at the time was a Ghanaian and a Canadian citizen, making him a dual citizenship holder. Therefore, he was disqualified under Article 94(2)(a) of the 1992 Constitution of the Republic of Ghana to be a Member of Parliament.

“In part IV of the nomination forms of the Electoral Commission of Ghana, the accused person used a statutory declaration which he had sworn to on 6th October 2020 before the District Court Registrar at Assin Fosu stating that he does not owe allegiance to any country other than Ghana.

“The accused person further went ahead to file his nomination forms on 8th October 2020 with the false information in the statutory declaration. Based on this false information together with other information provided by the accused person in the nomination forms, his nomination was accepted by the Electoral Commission.

“He contested for the position and subsequently won the seat. The accused person was issued a Certificate of Renunciation of his Canadian citizenship dated 26th November 2020, about forty-eight days after he had made the false statutory declaration and filed his nomination forms.

“On 14th January 2021, the Director-General of the Criminal Investigations Department received a petition dated 11th January 2021 from the complainant in which the complainant reported these actions of the accused, leading to investigations against him. In his cautioned statement to the police, the accused person claimed that at the material time, he honestly believed that he did not owe allegiance to any other country. The accused person was subsequently charged with the offences in the charge sheet.

“It is based on these facts that the accused person, James Gyakye Quayson has been arraigned for trial.”

The MP, through his lawyers, filed three applications to appeal for stay of execution, an issue of interpretation at the Supreme Court under Article 94(2) clause (a), and application to file supplementary grounds of appeal to support substantive case before the court (affidavit).

However, the court, presided over by Justice Irene Charity Larbi, along with two other justices, refused his motions for a stay of execution and a Supreme Court hearing on an issue of interpretation of Article 94 (2)A.

It, however, adjourned the case for the appellant to file further grounds to support the substantive matter before the court.

The case was subsequently adjourned to January 24, 2022.

Mr Quayson filed a substantive action in which he challenged the High Court’s verdict on his dual citizenship matter.

The courtroom was packed with political heavyweights including the General Secretary of the New Patriotic Party, John Boadu, Peter Mac Manu, Campaign Manager of the New Patriotic Party in the 2020 general election among other personalities and some members of the general public.

There was a heavy security presence.

Background

The High Court presided over by Justice Kwasi Boakye in July annulled the Assin North Constituency’s 2020 Parliamentary election.

However, on August 2, 2021, Mr Quayson appealed the ruling of the court.

In a petition filed at the Court of Appeal, he asked the court to quash the decision of the Cape Coast High Court.

ALSO READ:

• Mac Manu advises embattled Assin North MP

• Whether through courts or by-election, I don’t see anything changing in Assin North –…

It was the case of the MP that the trial judge erred in nullifying the parliamentary election in the constituency.

“The judgement is wholly against the weight of the evidence,” he stated.

Grounds of appeal

The appellant pointed out the particulars of error of law contained in the ruling of the trial judge.

For instance, he said Section 1(2) of the Evidence Act 323 makes the determination of foreign law (in this case,

Canadian law pertaining to owing allegiance to Canada) a question of fact to be proved by leading evidence.

“The High Court did not allow for proof of foreign law in the determination of the issue of whether or not the appellant owed allegiance to a country other than Ghana,” he said.

Citing a Supreme Court ruling in Re: The Republic v. High Court (Commercial Division) Accra, the appellant said per Article 129(3) of the 1992 Constitution, all courts were bound to follow decisions of the Supreme Court on questions of law.

According to him, the sea of solidarity and support his colleague have is far are greater than this fleeting test of the resilience of your dear constituents.

His comment comes after the Cape Coast High Court declared the 2020 parliamentary election held in the Constituency as null and void.

The ruling was given on Wednesday, July 28, 2021, by the court presided over by Justice Kwasi Boakye.

In his judgment, Justice Boakye upheld that the National Democratic Congress’ (NDC) 2020 parliamentary candidate for the constituency, Joe Gyakye Quayson, breached the provisions of the constitution with regard to dual citizenship.

The ruling means that the NDC’s seats in Parliament have dropped to 136 as against the New Patriotic Party’s 137 until a by-election is held to determine who wins the seat.

Taking to his Facebook page, Mr Ablakwa stated as drama unfolds, he had no doubt his colleague will retain his seat in a by-election.

RELATED:

• Full text: Ruling annulling 2020 Assin North parliamentary election

• Assin North MP breaks silence on court ruling

“I have absolutely no doubt that my affable, down-to-earth, intelligent and honest colleague – Hon. James Gyakye Quayson, MP for Assin North, who remains as formidable and immovable as Mountain Afadzato shall surely retain his glorious membership of the 8th Parliament.

“We both will continue to share the same office floor as we strengthen our bond of brotherhood and together deepen our comradely resolve to work hard and meet the legitimate expectations of the people,” he consoled.

He added only the great people of Assin North have the final say and it is only their true verdict that matters.

Meanwhile, Mr Quayson, has urged his constituents and supporters not to despair in the face of what he calls the “travesty of justice” in the judgment asking him not to hold himself out as the MP.

Read the full post below:

A resident of Assin North, Michael Ankomah Nimfah, petitioned the Court that the MP for the Constituency, Joe Gyaakye Quayson, did not qualify to contest the 2020 Parliamentary elections because he held dual citizenship: Ghanaian and Canadian, at the time of filing to contest.

The case has been ongoing for close to three months, and on Monday, the Court presided over by Justice Kwasi Boakye announced the day for judgment after all ancillary matters had been dealt with.

Before the Court adjourned sitting, Justice Kwasi Boakye dealt with two motions that had come before him: the application for Stay of Proceedings and the application for the MP’s lawyer, Abraham Amaliba, to withdraw his services.

Abraham Amaliba began his submission by saying he had no clue whether the MP has still not been served.

The judge asked him to enquire from the Court registry, and after he did, he indicated on June 10, there were two attempts to serve the MP, but the attempts were unsuccessful because he was not available to receive it.

Officials of the registry were informed that Parliament was in session.

Counsel for the petitioner, Frank Davies, told Abraham Amaliba, “you’re a lawyer engaged by the MP, your client, to prosecute the case on his behalf. If you intend to withdraw your services, I would have thought the same way you were engaged would be the same way you would use in your withdrawal.

“You communicate with him because you stand in for him, why should communicating to him that you can no longer be his lawyer be a difficult issue?”

Frank Davies intimated that for the past two months, the story has been that the MP has not been served, and he believes it’s a calculated attempt to delay the case unduly.

READ ALSO:

• CJ sends strong message to Assin North MP

• Amaliba withdraws as lawyer for Assin North MP in dual citizenship case

He added, “this is an election petition and time is of the essence and we believe in the expeditious trial of the case.”

The judge, Justice Kwasi Boakye, read CI 47 order 75 rule 5(2) and granted Abraham Amaliba his wishes to withdraw from the case. He then dismissed the application for stay of proceedings filed by counsel for the 1st respondent because he found no merit in the application. The Judge subsequently set a date for judgement.

Mr Amaliba applied for a stay of proceedings because one of the issues he considers cardinal was not set down for trial.

The judge also intimated that the MP has been absent from proceedings. He pointed out that in being represented by his lawyer, the MP bears the risk of whatever happens if his lawyer fails to communicate the outcome of court proceedings to him.

After court proceedings, Abraham Amaliba told JoyNews, the judge setting a date to deliver his judgment is irregular because his withdrawal from the case needs to be served on Joe Gyaakye Quayson, his client.

He explained that Order 75 requires that when an order of this nature is made, then the client involved should be served so he takes steps to procure the services of another lawyer who would represent him.

“This order has not yet been served on the first respondent, and so we wait to see whether this order would be served on the first respondent before July 14, when judgement has been scheduled.

“If that is not done, then what happened in court flies in the face of order 75, but as it stands now, I see some indecent haste in this case, but at the end of the day, the rules must be applied, and we must all go by the rules.”

Representative of the petitioner, Richard Tachie-Mensah expressed their side’s happiness about the Court’s decision on on Monday, June 28. He said the delay tactics could not go on unabated and they are happy finality is being brought to the matter

He added, “Let us also bear in mind that this is an election petition and definiteness has to be brought on the issue. The delay tactics cannot be done in perpetuity.

“The people must know the outcome of the case, whether their MP wins or he loses the case, so they could be clear in their minds who would represent them. Thank God that come July 14, finality would be brought on the matter.”

Counsel for the Member of Parliament (MP), Abraham Amaliba, wrote to the court to withdraw from the case.

Based on that, the MP is expected to search for a lawyer to represent him after he’s been served so he would be represented in court.

But it turned out that the Express Mail Service failed to carry out the court’s order.

In court on Tuesday, Mr Amaliba, who was earlier tasked by the court to facilitate the service of the MP, told the presiding judge, Justice Kwasi Boakye, that the Express Mail Service used by the bailiff to serve the MP suffered some setbacks.

Consequently, a bailiff in Accra that was supposed to deliver the notice of service to the MP has been unable to do so.

ALSO READ:

• Assin North MP petitions Chief Justice

• Amaliba withdraws as lawyer for Assin North MP in dual citizenship case

In the course of the interrogation of the EMS official, the presiding judge announced to the court that the MP had petitioned the Chief Justice to intervene and the court would have to adjourn proceedings.

The court is to wait on the directions by the Chief Justice on allegations of bias that the MP has raised against the judge in the petition.

Representative of the Petitioner, Richard Tachie-Mensah, said the MP and his lawyer, could have saved them the back and forth if they wanted fairness and justice to take its course.

“It’s just a ploy, but it can’t go on in perpetuity. They are determined to delay the case at all costs. Mr Amaliba could have easily told the MP that he was no longer interested in the case rather than all this,” he said.

The Court consequently adjourned the matter to June 28, by which time it believes the Chief Justice would have decided what ought to be done relative to the petition brought before him by the Assin North MP.

The MP says the judge, Justice Kwasi Boakye, is alleged to have made comments prejudicial to the case.

According to him, Justice Boakye had said that the appropriate time Article 94(2) of the 1992 Constitution kicks in is during the filing of nomination by an MP.

This allegation was dismissed by the judge when it was made because Abraham Amaliba, who first made it, failed to show any evidence that Justice Boakye indeed made the comment on the 12th of April.

The case has been adjourned to June 8 when the MP, would have been served and would have found a new legal representation since Mr Amaliba has withdrawn.

In November 2020, a group calling itself ‘Concerned Citizens of Assin North’ petitioned the Electoral Commission in the Central Region to withdraw the parliamentary candidature of James Gyakye Quayson.

According to the group, Mr Quayson holds dual citizenship contrary to provisions of Article 94 (2) (a) of the 1992 constitution of Ghana, which states, “a person shall not be qualified to be a Member of Parliament if he or she – (a) owes allegiance to a country other than Ghana.”

A member of the Legal Counsel, representing the MP in the case, Mr Amaliba has withdrawn his services.

ALSO READ:

• Chairman Wontumi throws big challenge to Amaliba [Video]

• Check out latest twist to Assin North MP’s case

It is unclear why he withdrew from the case.

Meanwhile, the case has been adjourned to June 1, 2021.

The lawyers, at the last sitting, were asked by the presiding Judge to come to court with their proposed issues that would guide the trial of the case.

Presiding Judge Justice Kwasi Boakye advised the parties that in the interest of justice, they should make their proposals on the memorandum of issues after which a Case Management Conference would follow.

On Monday, the lawyer for the Assin North MP, Abraham Amaliba, brought forth eleven issues, lawyer for the petitioner, Frank Davies had five issues while the EC lawyer had three issues.

 At the end of the proceedings, the parties agreed to set down three issues for trial.

Presiding Judge, Justice Kwasi Boakye, in adjourning the case to May 12, 2021, asked the lawyers to prepare to address him on the three issues set down for trial.

He indicated that after the addresses by the lawyers, he would announce the date for the delivery of judgment.

One of the issues that were set down for the trial was whether or not the MP was qualified at the time of filing his nomination to contest the 2020 Parliamentary elections.

The petitioner, Michael Ankomah Nimfah, is in court challenging the eligibility of the MP for Assin North, Joe Gyakye Quayson at the time of filing to contest the 2020 elections.

Background

In January this year, a petition was filed at the Cape Coast High Court seeking to annul the declaration of Mr James Gyakye Quayson as the Member of Parliament (MP) elect for the Assin North Constituency.

The petition filed by one Michael Ankomah -Nimfa of Assin Bereku, was served with the Electoral Commission (EC) as the second respondent.

Mr Quayson, the National Democratic Congress’ (NDC) MP-elect, polled 17,498 as against New Patriotic Party’s (NPP) Madam Abena Durowaa Mensah who had 14,793 in the December 7, 2020 election.

However, the petitioner has argued that Mr. Quayson owes allegiance to Canada.

He is alleging that the MP holds dual citizenship contrary to the expressed provision of Article 94 (2) (a) of the 1992 constitution of Ghana, which states, “A person shall not be qualified to be a member of Parliament if he – (a) owes allegiance to a country other than Ghana.”

The case management conference would be used to trim down the issues such that the parties involved would agree on the specific issues to set the grounds for hearing.

A resident of Assin North, Michael Ankomah Nimfah, on January 6, 2021, applied for an interlocutory injunction to restrain James Gyakye Quayson from being sworn in and holding himself as MP.

His request was granted by the court but the then MP-elect defied the court orders and was sworn in as part of the 8th Parliament of the 4th Republic on January 7, 2021.

One of the issues that would be set down for the case would be whether or not the MP qualified to contest the election at the date he filed his nomination and whether he still can hold himself as MP after his swearing in.

Lawyer for the MP, Abraham Amaliba, had earlier prayed the court for an amendment of his answers and applied for April 12 for his request to be heard.

However, the presiding Judge, Justice Kwasi Boakye, citing CI 47, indicated that time was of the essence and gave Mr Amaliba three days to amend his answers and send copies to the parties involved for them to respond in time before the set date.

Lawyers fight

Earlier, a fight nearly broke out between the lawyers of the two parties when the case was called on Wednesday, March 24.

This was because Counsel for the petitioner, Frank Davies, was unhappy that the lawyers for both the 1st and 2nd respondents, who were not present at the last court sitting, failed to serve him a copy of their request to the court for a new date.

Mr Davies described the action of Mr Amaliba as disrespectful to him and the court, saying at least he could have sent him a copy of the letter he sent to the court.

Mr Amaliba, however, did not take the statement from Mr Davies lightly and responded angrily which resulted in exchange of words between the two lawyers.

It took the intervention of the security personnel to separate and calm down the two and after about 30 minutes, both lawyers smoked the peace pipe and came back to continue with the proceedings in court.

The presiding judge urged the parties involved to cooperate to ensure expeditious hearing of the case.

It has emerged that, some National Democratic Congress (NDC) Members of Parliament threatened to “spill blood” if their colleague Assin North Member of Parliament (MP), James Gyakye Quayson, was prevented from voting in the election of Speaker of Parliament.

Majority Chief Whip and Nsawam-Adoagyiri MP, Frank Annoh-Dompreh, made the claim on Asempa FM’s Ekosii Sen progamme, Monday.

The embattled MP was prevented from voting in the election of a Speaker for the 8^th Parliament of the Fourth Republic after the Clerk of Parliament; Cyril Nsiah confirmed receipt of a court order restraining him from being sworn-in.

But a fierce argument put up by Haruna Iddrisu made the Clerk rescind his decision.

But Mr Annoh-Dompreh claimed the decision reached by the Clerk of Parliament was because some NDC MPs had threatened him and his staff.

“When the Clerk instructed the Marshall department not to allow the Assin North MP into the Chamber, some NDC MPs told them they will spill blood if their colleague is prevented,” he asserted.

The Majority Chief Whip said at that point, he pitied the Assin North MP whom he claimed the NDC was “using as a sacrificial lamb for their parochial interest.”

For allegedly disregarding the court injunction and participating in the voting, Mr Annor-Dompeh was certain Mr Quayson is in contempt of court and will face the full rigorous of the law.

However, MP-elect for Tamale South, Haruna Iddrisu had argued that Mr Quayson was yet to be served the writ of injunction from the court, thus, should be allowed to participate in the proceedings of the House till he’s formally served.

This is despite his confirmation of receiving the writ of an injunction granted against the Assin North MP-elect by a Cape Coast High Court preventing him from participating in the proceedings of the house.

The Clerk had earlier said he was unable to recognise Mr Gyakye Quayson as a member of the House till such a time when the Cape Coast High Court has granted him the green light to assume his seat in the office.

A petition was filed against the MP-elect by one Michael Ankomah that he still held on to his Canadian citizenship when he was filing to contest in the December polls.

Consequently on Wednesday, January 6, 2021, the presiding judge, Justice Kwasi Boakye said Mr. Quayson was “restrained from holding himself out as Member of Parliament-elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-elect as such until the final determination of the petition.”

However, MP-elect for Tamale South, Haruna Iddrisu had argued that Mr Quayson is yet to be served the writ of injunction from the court thus should be allowed to participate in the proceedings of the House till he’s formally served.

“…Under the circumstances, let him err on the side of law and bear the consequences in court. So let him take the oath because he’s not been served any process,” he said.

The Clerk after listening to arguments from both sides of the House has permitted the Assin North MP-elect to participate in the elections with a caution that he would bear the consequences of his actions in court.

The embattled MP-elect was spotted in the House after the dissolution of the 7th Parliament for the on Thursday, for his inauguration despite an injunction by the Cape Coast High Court for him not to hold himself as such.

The House was engaged in a raucous state to decided his fate after Effutu MP, Alexander Afenyo Markin brought the issue up.

The Clerk, Cyril Kwabena Oteng Nsiah said, “I was duly served, and I am therefore unable to recognize James Quayson as MP-elect for the purposes of the election of Speaker. I will therefore accordingly proceed in the conduct of this election”, the Clerk stated during the inauguration of the 8th Parliament.

But the National Democratic Congress (NDC) side of the House, on whose ticket Mr Quayson contested the election, said it was not in the place of the Clerk, Cyril Kwabena Oteng Nsiah, who serves as Chair until a Speaker is elected, to serve the MP-elect in Parliament.

Haruna Iddrisu who leads the NDC MPs argued that Mr Gyakye Quayson is yet to be served with the injunction order and so nothing bars him from going ahead to represent his constituents.

The Cape Coast High court granted an injunction suit against, James Gyakye Quayson ruling that he cannot hold himself as the MP-elect for the constituency.

A petition was filed by one Michael Ankomah that the MP-elect still held on to his Canadian citizenship when he was filing to contest in the December polls.

According to the petitioner, Mr. Quayson owes allegiance to both Ghana and Canada which contravenes the provision of Article 94 (2) (a) of the 1992 Constitution of Ghana.

He, therefore, urged the court to declare Mr Quayson’s position as MP-elect null and void.

But Mr Gyakye Quayson was in Parliament for his swearing-in.

He joined the NDC MPs to take the Majority side in parliament removing the names of the New Patriotic Party (NPP) MPs-elect from the chairs and taking their seats.

The proposed Deputy Majority Leader for the NPP side inquired from Mr Kwabena Oteng Nsiah if Parliament has the court document so action is taken before the voting for nominees starts.

He said the House does not want to engage in any illegality since the court injunction is being flouted by the MP-elect.

On his part, Osei Kyei-Mensah-Bonsu, who is leading the NPP side, said, “The issue raised by my colleague, the Effutu MP is very genuine. He wants to know the eligibility and qualification of the MPs-elect who are qualified for voting.

“This house has been duly served, injuncting one person from participating in the business, We are aware that the processes have been served to the house. We want to know as part of our preliminary observation whether it is true, and if it’s true, that person cannot participate properly before this house”, he clarified.

This was after he confirmed receipt of a court order restraining Mr. James Gyakye Quayson from being sworn-in into the 8th Parliament on Thursday, January 7, 2021.

“I was duly served, and I am therefore unable to recognize James Quayson as MP-elect for the purposes of the election of Speaker. I will therefore accordingly proceed in the conduct of this election”, the Clerk stated during the inauguration of the 8th Parliament.

But National Democratic Congress’ (NDC) MP-elect for Assin North was spotted in Parliament despite a Cape Coast High Court granting an injunction against his swearing-in.

This generated some controversy forcing the Clerk of Parliament to set the records straight.

Majority Leader, Haruna Iddrisu demanded copies of the court order referred to by the Clerk informing his decision to not recognise the Assin North MP’s role in electing a Speaker for the 8th Parliament.

The Clerk presented the court ruling to Haruna Iddrisu but the other NDC MPs remain fumed by the development.

Marshals of Parliament have surrounded the Clerks to protect them while they discharge their duty.

Per the decision by the Clerk, the Assin North MP -elect cannot participate in the voting process in the selection of Speaker for the 8th Parliament of the Fourth Republic.

Meanwhile, The name of the Assin North MP-elect, James Gyakye Quayson is captured as an MP-elect of the 8th Parliament on page 9 of the brochure for the inauguration.

He joined the NDC MPs to take the Majority side in parliament removing the names of the New Patriotic Party (NPP) MPs-elect from the chairs and taking their seats.

The NPP MPs-elect have been forced to take the Minority side in the aisle, as the house prepares to usher in the 8th Parliament.

A petition was filed by one Michael Ankomah that the MP-elect still held on to his Canadian citizenship when he was filing to contest in the December polls.

According to the petitioner, Mr. Quayson owes allegiance to both Ghana and Canada which contravenes the provision of Article 94 (2) (a) of the 1992 Constitution of Ghana.

He therefore urged the court to declare Mr. Quayson’s position as MP-elect null and void.

Mr. Quayson, the National Democratic Congress’ (NDC) MP-elect, polled 17,498 while the New Patriotic Party’s (NPP) Madam Abena Durowaa Mensah had 14,793 in the December 7, 2020 election.

But giving his ruling on Wednesday, January 6, 2021, the presiding judge, Justice Kwasi Boakye said Mr. Quayson was “restrained from holding himself out as Member of Parliament-elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-elect as such until the final determination of the petition.”