Injunction against Assin North MP dead – Kwaku Azar

A US-based Law Professor, Stephen Kwaku Asare, has raised concerns about the status of the injunction against the Member of Parliament for Assin-North as all legal challenges mounted against the MP seemed to have fizzled.

“The injunction, which travelled by supersonic speed to Accra and nearly marred the inauguration of the 8th Parliament, seems to have died a sudden death,” Prof Kwaku Asare said in a Facebook post on Wednesday.

The Clerk of Parliament, Cyril Kwabena Oteng Nsiah Esq, left the fate of the injuncted Member of Parliament-elect for Assin North in his own hands when the (MP-elect) decided to go ahead and vote in the election of a Speaker for the 8th Parliament.

He’d publicly cautioned that the MP-elect, Mr Gyekye Quayson may choose to vote but will face consequences.

The Clerk had earlier stated that he is unable to recognize the MP-elect after confirming on the floor of Parliament that he had received an order from the Cape Coast High Court injuncting Mr Gyekye Quayson from holding himself out as NDC MP-elect for the constituency over dual citizenship.

Commenting on the fallout from the development that triggered chaos in parliament, Prof. Kwaku Asare wondered what irreparable harm caused that justified its[injunction] issuance by the Cape Coast Court.

“An injunction is issued when a judge decides that not issuing it will cause irreparable harm. Here, it was issued and apparently ignored. So what irreparable harm has been caused that justified its issuance?

“Will the JTI incorporate this learning into its training of judges, less the courts become tools in the hands of politicians and laughing stock?

Meanwhile, he said the time to repeal Article 94(2) and 8(2) has come.

Article 94(2)(a) provides that “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.” Article 8(2) of the Constitution and Section 16(2) of the Citizenship Act exclude dual citizens from holding various specified and unspecified public offices.