Supreme Court lacks jurisdiction to rule on suits involving Parliamentary elections - Tsatsu Tsikata suggests

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Thu, 14 Jul 2022 Source: www.ghanaweb.com

Supreme Court sets July 27 to rule on Assin North case

SC upholds High Court ruling that bars Gyakye Quayson from Parliament

The people of Assin North have no MP, Tsikata cries

Lead Counsel for Assin North MP, James Gyakye Quayson, has asserted that the Supreme Court lacks the authority to hear cases seeking to overturn the results of parliamentary elections in the country.

According to Tsatsu Tsikata, the court has previously ruled that it has no jurisdiction to entertain such cases, therefore, it cannot consider a writ seeking to invalidate the Assin North 2020 parliamentary election, myjoyonlince.com reports.

The lawyer made these remarks in a supplementary statement he filed on Wednesday, at the direction of the court.

“The broad ground of the application to strike out the writ is that, this court lacks jurisdiction as determined by previous decisions of this court.

“The first aspect of this grounds, which is referred to in paragraphs 5 and 6 of the affidavit in support of the application is that this court has previously decided that by virtue of article 99 of the Constitution and section 16 of the Representation of People Act (PNDCL 284), it has no jurisdiction to entertain a suit that involves invalidating the results of a parliamentary election. Even if dressed up as an invocation of the original jurisdiction of this court under article 130 or a suit for the enforcement of the Constitution under article 2, this court does not have jurisdiction,” he said.

Tsatsu Tsikata implored the court to strike out the originating writ before them as soon as possible.

“In view of the obvious urgency of this case, particularly its significance for the representation in Parliament of Ghanaians in the Assin North Constituency, we respectfully ask the case be listed before the vacation,” he said.

Meanwhile, a seven-member panel of judges of the Supreme Court has fixed July 27, 2022 to give its ruling on a review application filed by Assin North MP.

Gyakye Quayson, through his lawyers led by Tsatsu Tsikata, moved a motion for the apex court to review its earlier decision which was dismissed in a 3-2 majority decision.

On Wednesday, March 9, 2022 a five-member panel of the apex court of the land, in a 3-2 majority decision, dismissed his application for Stay of Proceedings.

The MP was seeking that the Supreme Court stay the proceedings at the Cape Court of Appeal for referral of Article 94(2)(a) for Interpretation by the Supreme Court.

But the court dismissed the application, directing him to first make a case before the Cape Coast Court.

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Source: www.ghanaweb.com
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