Judge erred in granting injunction against Assin North MP-elect - Lawyer

Private legal practitioner lawyer Tachie Antiedu has opined that the Cape Coast High Court judge who granted an injunction restraining the Member of Parliament-elect for Assin North, James Quayson, from being sworn-in into the 8th Parliament today, Thursday, January 7, 2021, erred in law.

The injunction was granted in a case filed by one Michael Ankomah-Nimfa of Assin Bereku who claims Mr Quayson holds dual citizenship of Ghana and Canada.

In the substantive case, Mr Ankomah-Nimfa is seeking to annul the declaration of Mr. Quayson as the winner of the December 7 polls because of the dual citizenship claims.

He based his case on Article 94 (2) (a) of the 1992 constitution of Ghana, which says “a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”

The presiding judge, Justice Kwasi Boakye ruled that 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.”

But reacting to the ruling, the lawyer said the ruling did not meet the position of the law because the reasoning given in the Techiman South injunction case should have been the same in the Assin North case.

He explained that is the position of the law and the judge could have struck out the injunction case and allowed the MP-elect to be sworn-in because his swearing-in court is annulled and declared as null and void.

The lawyer said the NDC could seek for an interlocutory appeal or go to the Supreme Court and invoke the supervisory jurisdiction of the apex court

But was quick to add that the main event which is the swearing-in is ongoing and such an action will be of no effect.