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Politics Wed, 23 Mar 2022

Gabby hints of a by-election in April

Assin North MP's appeal was thrown out of court

He was contesting a High Court decision that prevented him from holding himself as MP

Gabby says a by-election in April looks good


Gabby Asare Otchere-Darko, a leading member of the governing New Patriotic Party, has indicated that a by-election will look good in April.

In a post on his verified Twitter timeline, Gabby Otchere-Darko wrote, "April is looking good for a by-election."

It is unclear whether his comments are linked to a Cape Coast court's decision to strike out the appeal by embattled Assin North MP, James Gyakye Quayson, for non-compliance with court procedures.

Quayson filed an appeal challenging a High Court ruling that declared fresh elections to be held in his constituency and ordered him not to hold himself out as MP for the area.

Delivering her judgement on Tuesday, the presiding judge, Irene Charity Larbi, stated that the embattled MP failed to comply with the court’s directives to submit his written submission within a stipulated time.

The judge further ordered that all applications before the panel in relation to the Assin North MP have to be struck out.

The written submission within the stipulated period is allowed under the Court of Appeal Rules, 1997 (C.I. 19).

The written submission was to state the reasons for the appeal against the High Court ruling.

Per Rule 20 (1) of C.I. 19, an appellant before the Court of Appeal shall within three weeks of filing a notice of appeal, file written submissions.

According to Rule 20 (2), "Where the appellant does not file the written submissions of his case in accordance with sub-rule (1), the appeal shall be considered to have been struck out and the Registrar shall inform the parties accordingly."

Background

James Gyakye Quayson polled 17,498 votes against 14,793 by the New Patriotic Party's (NPP) Abena Durowaa Mensah in the December 7, 2020, parliamentary election.

On December 30, 2020, a resident of Assin North, Mr Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be an MP.

On July 28, 2021, following that petition by Mr Ankomah-Nimfah, the Cape Coast High Court declared Quayson's election as void, on the basis that he owed allegiance to another country other than Ghana, contrary to Article 94(2) of the 1992 Constitution.

It was the considered view of the court that as of the time Mr Quayson filed to contest the MP position, he had not renounced his Canadian citizenship and, therefore, he was not qualified to become a legislator.

The court, presided over by Justice Kwasi Boakye, ordered the EC to organise a new election in the constituency.

Quayson then filed an appeal at the Court of Appeal challenging the judgment of the Cape Coast High Court.

Source: www.ghanaweb.com
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