Tsatsu Tsikata files motion to quash High Court’s ruling against Gyakye Quayson, case put on hold

Gyakye Quayson slapped with five criminal charges

Assin North MP pleads not guilty to criminal charges

Court adjourns sitting to October 18 for criminal case against MP

Counsel for the Member of Parliament for Assin North, James Gyakye Quayson who is standing trial for perjury has requested for a hold on the hearing.

According to Tsatsu Tsikata, the request is necessitated by an application he has filed at the Supreme Court on Monday.

He informed the court presided by Justice Mary Maame Ekue Yanzuh that he has filed a certiorari application at the Supreme Court seeking to quash a ruling she has issued.

Justice Ekue Yanzuh on July 13 ruled against an objection raised by lawyer Tsatsu Tsikata.

The lawyer for Gyakye Quayson objected to portions of the statement of Richard Takyi-Mensah, arguing that the latter who is the prosecution’s first witness, does himself, not have personal knowledge on some matters captured in his statement.

Tsatsu Tsikata who was objecting to portions of the witness statement asked the court to expunge eight paragraphs from the statement.

After listening to arguments from both the defense counsel and the prosecution led by Director of Public Prosecution (DPP), Mrs Yvonne Atakora Obuobisa, the presiding judge declined the objection by lawyer Tsatsu Tsikata.

On Wednesday when the case was recalled, the prosecution’s first witness was expected to continue with his testimony.

However, Tsatsu Tsikata informed the court about the application to quash an earlier decision by same, against his objection to the witness’ statement.

“We have requested for an early hearing for the application and we had hoped to show a copy of the application but we were informed that the registry is waiting for a date to be provided by the Chief Justice for the hearing.

“In view of the application which is significant in respect of not only this particular witness but other witnesses that are scheduled to testify, we would respectfully request that the court await the determination of the Supreme Court on that matter, especially in order to avoid prejudice to the accused person by virtue of inadmissible testimony of a witness prejudicing a fair trial of this case as the constitution requires,” he told the court.

Despite not objecting to the request by the defense counsel, the prosecution expressed disappointment about the failure of the defense lawyer to serve them with a copy of the certiorari application or the date for hearing.

Mr Tsikata in response said despite his efforts to make the copy available, it is impossible at the material time as a result of processes of the Supreme Court.

“We are not in the position to bring it despite our efforts,” he stated.

The presiding judge therefore adjourned the case to October 18, 2022, stating, “You have not shown me anything but I will take your word for it.”

Background

James Gyakye Quayson is standing trial on accusation of perjury.

The NDC MP is facing five charges for allegedly misleading the Electoral Commission to clear him to contest in the 2020 Assin North Parliamentary elections.

He has pleaded not guilty to all charges and has been granted a GHC100,000 bail.

It is the case of the prosecution that the Assin North MP willfully presented himself as not bearing allegiance to another country while he possessed a Canadian passport as of the time of filing his nomination.

Meanwhile, a Cape Coast High Court has ruled against Gyakye Quayson in a case in which his eligibility to contest in the 2020 election was challenged.

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