James Quayson seeks Supreme Court’s intervention, files motion to prohibit judge

Lawyers of Assin North Member of Parliament (MP) James Gyakye Quayson have filed fresh application at the Supreme Court to prohibit the trial High Court judge from continuing with his trial until appeals sought are determined.

Mr Quayson is also seeking the intervention of the Apex Court to quash the orders of Justice Mary Maame Ekue Yanzuh made on June 16 ordering his trial would be conducted on day to day basis.

The Legislator – who had pleaded not guilty to five charges including perjury and had been granted bail.

On Tuesday, July 11, the Court declined his request to have the trial stayed until the determination of a pending Appeal he had filed to challenge the court’s ruling on June 23 on his motion for variation or review

His Lawyers led by Tsatsu Tsikata are demanding from the prosecution further documents to enable to fully understand charges against them and to properly mount defence.

But, on June 16, that request was also turned and it is one of tue reasons the lawyers have moved to the apex court.

On Friday, July 14, Mr Tsikata also told the court that, they have repeated the motion for Stay of Proceedings at the Court of Appeal and want the trial court halt proceedings until the courts above determined the outstanding issues.

“We have filed an application for a stay of proceedings that has been set for Wednesday the 19th of July at the Court of Appeal. We have also filed in the Supreme Court , a motion invoking the supervisory jurisdiction for an order directed at this court to quash the decision made on the 16th of July and another to prohibit the court from proceeding with the case,” Lawyer Tsikata explained.

*AG’s opposition*

But, the Attorney General, Godfred Yeboah Dame, opposed to the request while accusing the defence of using applications to delay the trial.

While urging the Court to proceed with the trial, the Attorney General argued that neither the Supreme Court or the Court of Appeal has issued any order halting the trial.

“Respectfully, the prayer before you is without any basis. And I am not surprised he has not referred you to any rule of law. It is an attempt to deny the court the right to hear the case.

“It is an attempt to prevent the continuation of the trial and I pray the court to disregard the request,“ he stated.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the application for Certiorari filed at the Supreme Court was to quash the High Court’s June 16 orders including another seeking to prohibit Justice Mary Maame Ekue Yanzuh from continuing with the trail until all outstanding motions are settled.

Even though the First Prosecution Witness, Richard Takyi-Mensah was present in Court for the continuation of the trial, the motions filed ensured that the trial did not resume.

Justice Yanzuh has since adjourned the case to July 18, 2023 for determination.

*Minority MP’s support*

As previously advertised, some of the minority MPs in Parliament led by their lead Dr Cassiel Ato Forson were present in Court.

The rest are Rockson Dafeamakpror, Samuel Okudzeto Ablakwa, Emmanuel Armah Kofi Boah whike Abraham Amaliba, Sammy Gyamfi and Godwin Ako Gunn from the NDC.

Also from the Majority in Parliament, KT Hammond, Kweku Ofori Asiamah and some members of the New Patriotic Party.

*Legal reps*

The legal team of James Quayson led by Mr Tsikata also include Baba Jamal while the Attorney General led a team including Deputy AG Alfred Tuah Yeboah to court.

The Legislator has pleaded not guilty to deceit of the Public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury and false declaration for office

*Brief facts*

James Gyakye Quayson is standing trial for perjury, forgery and other counts of criminal nature pertaining to his Ghanaian passport and eligibility to contest in the 2020 general elections.

The Republic’s case against Hon. Gyakye Quayson is that he lied on his passport application form filled on July 26 that he was not a dual citizen and that he held only Ghanaian citizenship.

This was in spite of the fact that he was yet to renounce his Canadian citizenship issued on 30th October 2016.

Further to this infraction against the law, Hon. Quayson also submitted forms to the electoral commission declaring that he only held allegiance to the Republic of Ghana.

This was despite knowing that the application to renounce his Canadian citizenship had not yet been granted by the time he filed his eligibility papers with the electoral commission on or between 5th and 9th October 2020.

Richard Takyi, a resident of Yamoransa in the Central Region prayed a High Court in Cape Coast to cancel Hon. Gyakye Quayson’s electoral victory because he was not eligible to have taken part in the elections.

The matter travelled all the way to the Supreme Court which upheld the ruling of the Cape Coast court. The apex court of the land subsequently ordered Gyakye Quayson to be removed from Parliament occasioning a by-election.

The National Democratic Congress in spite of the criminal prosecution he faces repeated him as the candidate for the election which he won. He has since been re-sworn in as the Member of Parliament for Assin North while his trial proceeds.