The fate of embattled National Democratic Congress (NDC) Member of Parliament for Assin North, Mr James GyakeyeQuayson, regarding his parliamentary duties will be decided by the Supreme Court (SC)on April 13.
A seven-member panel of the SC presided over by Justice Jones Dotse set the date to rule on an interlocutory injunction after hearing oral legal arguments by counsel for MrQuayson, MrTsatsuTsikata, the Attorney-General, Godfred Dame, Frank Davies who represented Michael Ninfa, the applicant, and Emmanuel Adei, counsel for the Electoral Commission, the second defendant.
Ninfa, a teacher and resident of Yamoransa in the Central Region filed the interlocutory motion and urged the court to bar the lawmaker from holding himself out as MP.
His application originated from the decision of the Cape Coast High Court dated July 21, 2021 that nullify the 2020 Assin North Parliamentary election because MrQuayson, a Canadian citizen, failed to renounce his Canadian citizenship at the time he picked nomination forms to contest the election.
Appearing before the seven-member panel, Mr Davies said Mr Quayson had breached the 1992 Constitution of Ghana and the electoral rules.
He argued that the people of Assin North had been saddled with an unqualified person.
“If he continues to be in Parliament, he will still be in breach of the constitution. The people of Assin North have been saddled with an unqualified person for far too long,” Mr Davies added.
Mr Davies told the judges that motions for interlocutory injunction had invariably succeeded while the substantive writ is pending and said that the balance of convenience should tilt in favour of his client.
The Attorney General, Godfred Yeboah Dame said the Assin North lawmaker’s continuous stay in Parliament was a breach of the constitution.
He said that the court was faced with patent issue of unconstitutionality.
“On account for the uncontroverted facts of this case, it clearly indicates that the court is faced with the patent case of unconstitutionality each passing day,” Mr Dame argued.
MrTsatsuTsikata disagreed with the arguments by Mr Davies and said the parties ought to seek the Court’s express direction.
Counsel for the EC, Mr Emmanuel Adei said “we are vehemently opposed to the application” because the high court had already granted an injunction.
Mr Quayson is facing criminal prosecution at the Accra High Court for alleged forgery and deceit of public officer.
He had been granted bail in that case and currently pursuing his appeal of the Cape Coast Court High Court decision at the Court of Appeal Cape Coast.
That appeal had been struck out because the laid down procedures had not been followed. But the law does not bar him from relisting the case before the same Cape Coast Court of Appeal.
BY MALIK SULLEMANA