Judges who ordered substituted service on Assin North MP

The panel included: Justices Jones Dotse as President, Prof. Henrietta Mensah Bonsu, Mariama Owusu, Agnes Dordzie, Nene Amegatcher, Gertrude Torkornor and Yoni Kulendi.

They upheld an application by the plaintiff – a resident of Assin Breku, Michael Ankomah-Nimfah.

The Court, by this order, has asked for a court case that is seeking to stop James Gyakye Quayson from holding himself as an MP, to be published in the Daily Graphic and at the residence of the MP.

Moving the application, the Lawyer for the plaintiff, Frank Davies, as part of his motion submitted a paper and the affidavit in support, which were filed on February 15, 2022, seeking the substituted service.

He brought to the attention of the Court that a Bailiff attached to the High Court in Assin Fosu, had filed an application of non-service, indicative of yet another inability to serve the process on Gyakye Quayson.

Background

Michael Ankomah-Nimfah, who secured a judgement from the Cape Coast High Court nullifying the election of Mr Quayson on the basis that he held a Canadian citizenship, wants an injunction from the apex court restraining him from holding himself as an MP.

Mr Quayson has been dragged before the Supreme Court to stop him from holding himself as an MP.

The plaintiff argues that despite the judgement of the Cape Coast High Court, Mr Gyakye continues to parade himself as a sitting MP.

He is also seeking an interpretation of Article 94(2)(a) of the 1992 Constitution which bars a person owing allegiance to another country from contesting as an MP, the same constitutional provision the High Court used to nullify the election.