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Supreme Court to hear Gyakye Quayson’s review application on May 17

Supreme Court 23 Ghana's supreme court

Tue, 17 May 2022 Source: www.ghanaweb.com

Supreme Court stops Assin North MP from performing parliamentary duties

Embattled Assin North wants the court to reconsider order

There are fundamental errors of the law, Assin North MP tells court


The Supreme Court will Tuesday, May, 17, 2022, hear a review application asking the court to reconsider its order which barred James Quayson from discharging his duties as a Member of Parliament.

This comes after the court adjourned the hearing of the case from May 10 to May 17.

On April 13, the Supreme Court, in a 5-2 majority decision, barred the Assin North MP from discharging his duties as a Member of Parliament.

This comes after a citizen of Assin Bereku by name of Michael Ankomah Nimfah, on January 27, 2022, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high court judgment annulled his election due to the issue of dual citizenship on July 28, 2021.

The embattled Member of Parliament had appealed against the High Court judgment but was struck out for failing to file written submissions within the mandatory period.

He has however filed an application of review seeking the court to reconsider its order.

In the document sighted by GhanaWeb, the lawyers stated the grounds of the application which said that, “the majority decision was in patent and fundamental error and violated article 129(2) of the constitution in assuming jurisdiction over the determination of the validity of the parliamentary election and proceeding to grant the application for an interim injunction.”

It also states that the majority decision violates articles 296(a) and (b) of the Constitution in exercising discretion unfairly and unreasonably,

“The decision to proceed with the hearing of application for the interim injunction brought under the High Court (Civil Procedure) Rules C. I 47 prior to the preliminary objection raised but the Applicant herein was per incuriam the binding precedents of Kogledx V. Attieh(2003-2004)1 SCGLR 75 and Ampofo v. Samampa(2003-20042 SCGLR11555, “ he further stated.

The reliefs sought by the Plaintiff in the writ are stated as follows:

1. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form between 5th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency the 1st Defendant was not qualified as a member of Parliament.

2. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the decision of 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Assin North Constituency when the 3rd Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic of Ghana.

3. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for the AssinNorth Constituency was unconstitutional.

4. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing-in of 1st defendant as a member of Parliament for the Assin North Constituency was unconstitutional, null, and void and of no legal effect.

Source: www.ghanaweb.com
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