The Supreme Court has ruled that the Assin North MP, James Gyakye Quayson, is not the Member of Parliament for Assin North.
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.
But on April 13, 2022, the apex court, in a 5-2 decision, declared the Assin North constituency vacant.
The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
The two judges who voted in the minority on the case were Justices Dordzie and Nene Amegatcher.
The seven-member court panel agreed by a majority decision with Michael Ankomah Nimfah who filed an application that James Gyekye Quayson’s continuous stay in Parliament despite a High Court judgement annulling his election contravened the constitution and was not fair to the people of Assin North.
An appeal against the High Court’s ruling by the embattled MP was struck out owing to the failure of James Gyekye Quayson to file his written submissions within a period mandated by the court.
Arguing out his case during proceedings at the Supreme Court, counsel for Michael Ankomah-Nimfah, Frank Davis stated that his client has established serious breaches to the 1992 Constitution, and other electoral laws of Ghana by the embattled MP.
In response however, lead counsel for Mr Quayson, lawyer Tsatsu Tsikata raised an objection to the application stating adding that the applicant should have sought leave from the Supreme Court to allow him to bring the motion.
Michael-Nimfah in July 2021 obtained a ruling against Mr Gyekye Quayson at the Cape Coast High Court.
The High Court upheld as applied by the applicant that Mr Quayson owed allegiance to a foreign country at the time of filing his nomination to contest in the 2020 parliamentary elections.
The court thus annulled his election and ordered for the conduction of fresh elections in Assin North.
Speaking to the media after the Supreme Court’s ruling on Wednesday, lawyer Frank Davis expressed delight in the court’s decision stating that the electoral commission owes it a duty to go ahead and conduct a fresh elections in Assin North.
However a member of the Assin North MP’s legal team, lawyer Baba Jamal said the defense counsel will advise itself on the ruling.
According to him, the Supreme Court by its decision has unfairly denied the people of Assin North parliamentary representation while the substantive case against their client is yet to be concluded.
The Supreme Court is scheduled to sit at a later date on the substantive case against Mr James Gyekye Quayson’s status as ruled by the Cape coast High Court.