SC dismisses Assin North MP’s review application

The Supreme Court (SC) has dismissed a review application filed by the Member of Parliament (MP) for Assin North Constituency, James GyakyeQuayson.

The MP prayed the SC to overturn the Court of Appeal’s decision to strike out his appeal against the High Court’s decision to remove him as a legislator.

A 3-2 majority ruling in March dismissed his application to stay proceedings at the Cape Coast Court of Appeal for referral of interpretation of Article 94(2), which had been filed by private citizen Michael Ankomah Nimfah

But a seven-member review panel of the apex court dismissed the MP’s review, indicating that his lawyers should have moved the application before the Cape Coast Court of Appeal.

When the case was called on Wednesday, July 27, Mr Quayson and the Electoral Commission (EC) were absent, but they were represented by their lawyers, while Nimfah was present.

In a 5-2 Majority ruling, justices Gabriel Pwamang and Agnes Dordzie dissented whilst Justices Prof. Henrietta Joy Abena Nyarko Mensa-Bonsu, Gertrude Torkornoo, Prof Nii Ashie Kotey and Clemence J. Honyenuga assented.

Justice Emmanuel YonnyKulendi, who was absent, sent a written consent to the judgement in his absence.

Lead Counsel for Quayson,TsatsuTsikata, filed an application for review after the ruling, but lawyer for Nimfah, Frank Davis opposed.

The court refused the review application by lawyers for the Assin North MP.

MrQuayson polled 17,498 votes as against 14,793 by the New Patriotic Party’s (NPP’s) MsAbenaDurowaa 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 Quaysonas MP.

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 KwasiBoakye, ordered the EC to organise a new election in the constituency.

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