Supreme Court Justices rebuke Tsatsu Tsikata

The Justices of the Supreme Court on Tuesday, April 5, asked Lawyer Tsatsu Tsikata to stop wasting their time and to assist the Court to make progress on the Assin North election-dispute-related application before it.

According to the court, it had the duty to manage the case to a smooth and fruitful determination, while Tsatsu Tsikata, who was representing the embattled MP, James Gyakye Quayson, insisted on “counsel’s right to be on the record”.

The exchanges between Tsikata and the bench started when the President of the Court, Justice Jones Dotse, announced that the panel had decided to hear a preliminary objection to an injunction before it at the same time as it heard the interlocutory injunction itself.

Tsikata, who was already up on his feet to move his preliminary objection however insisted that it would be prejudicial to hear the substantive injunction application without first hearing the preliminary objection.

This insistence and back and forth with the President of the Court, drew Justice Agnes Dordzie in to try to explain the situation.

She explained, “People have travelled here for their cases, and you cannot have the whole day. It is our duty to manage the case, and we have decided to hear it this way, and so shall it be.”

“Enough of all this,” she concluded sternly.

But, Tsatsu Tsikata rose again and challenged Justice Dordzie.

He argued, “Enough of the law? Enough of authorities? Enough of what binds us? Your Lordships can proceed whichever way, but it is also the right of counsel to be on record on why the way you’re proceeding is prejudicial.”

The Court, in the end, ruled, that the preliminary objection filed by the Counsel should be argued after the motion on notice for an interlocutory injunction has been moved.

Background

Michael Ankomah Nimfah on January 27, filed an interlocutory injunction against James Gyake Quayson for performing his parliamentary duties after a High Court Judgment.

James Gyakye Quayson had his seat declared vacant by Cape Coast High Court following the issue of dual citizenship on July 28, 2021.

The Supreme Court panel of seven presided over by Justice Jones Victor Dotse with Justice Agnes Dordzie, Justice Nene Amegatcher, Justice Mariama Owusu, Justice Gertrude Torkornoo, Justice Henrietta Mensah Bonsu and Justice Yonni Kulendi fixed the date after hearing the parties.

Supreme Court set April 13 to rule on injunction application against James Gyakye Quayson

The Supreme Court will next Wednesday, April 13, 2022, rule on the motion seeking to stop James Gyakye Quayson from holding himself out as the Member of Parliament for Assin North.

Arguing the motion before the 7-member Supreme Court panel on Tuesday, the lawyer for Michael Ankomah-Nimfah, Frank Davis, said his client has established grievous breaches of the 1992 Constitution, and the other electoral laws against the disputed MP.