After the High Court in Accra rejected his petition for a stay of proceedings, James Gyakye Quayson, the Member of Parliament (MP) for Assin North Constituency, will continue his daily trial on Friday, July 14, 2023.
James Quayson's daily trial resumes July 14 as motion for Stay of Proceedings refused
James Quayson's daily trial resumes July 14 as motion for Stay of Proceedings refused
Assin North MP's attorneys requested that the trial be suspended pending the outcome of their appeal against the decision to hold a day-to-day trial in a motion that was submitted on June 27 and moved on July 6.
James Quayson's primary attorney, Mr. Tsatsu Tsikata, claimed that the High Court erred in five legal respects when it denied their application to vary or review the orders.
Attorney General Godfred Yeboah Dame rejected the request on the grounds that it was superfluous and intended to misrepresent the truth.
The Court
On Tuesday, July 11, Justice Yanzuh ruled on the request, saying that the petitioner (James Quayson) had not proven that he had extraordinary grounds, particularly one that may have caused him irreparable harm if the motion had been denied.
The applicant believes his appeal will be successful based on the errors made, but the court stated that this is not an extraordinary ground, and it was unable to concur with the applicant's argument.
Additionally, Justice Yanzuh concluded that the mere suggestion of misdirection cannot serve as an extraordinary ground.
The court stated that there is no basis for the arguments made regarding the additional affidavit, which was included during the arguments for the request for variation but excluded from consideration in the decision.
The court's admission of a remark, according to Justice Yanzuh, does not imply that it has value as evidence.
The court reiterated that it did not see how rejecting the stay would make the Notice of Appeal null and void.
The court added that the aforementioned by-election had subsequently been held and that the defendants had been sworn in in accordance with a letter from parliament.
James Quayson's daily trial resumes July 14 as motion for Stay of Proceedings refused
According to Justice Yanzuh, she does not see how the petitioner will suffer irreparable harm from a daily trial conducted in accordance with the court's ruling.
According to her decision, the court has the authority to adjourn cases and decides whether or not applications brought before it have validity.
According to her, the court administers justice in line with the facts and takes into account the matters that are before it rather than remarks made elsewhere.
The application for a stay of the proceedings was therefore denied, and the matter was postponed until July 14.
Murtala Inusah, the Legal Affairs Correspondent for EIB Network, says that Tsatsu Tsikata, one of James Gyakye Quayson's solicitors, would ask the Court of Appeal to halt the proceedings.
Charges
Mr. Quayson entered a not guilty plea to five charges, including deceit of a public officer, forging a passport or travel document, making a false statutory declaration with knowledge, perjury, and making a false declaration for office.
He has been given bail and is participating in the trial, where the first witness for the prosecution is being further cross-examined by the defence attorneys.
James Quayson's daily trial resumes July 14 as motion for Stay of Proceedings refused
Attendance
As previously announced, the Minority Leader, Dr. Cassiel Ato Forson, led a sizable contingent of NDC MPs to court.
Dr. Dominic Aryeni, Alhaji Collins Dauda, Emmanuel Kofi Armah Boah, Governs Agordzo, Comfort Doyoe Ghansah, and Francis Xavier Sosu are a few among them. Director of Legal Affairs of NDC John Abu Jinako, Samuel Okudzeto Ablakwa, and Abraham Amaliba.
For the interested member from the New Patriotic Party, Peter Mac Manu and the Transport Minister.
brief details
James Gyakye Quayson is facing charges of perjury, forgery, and other crimes relating to his Ghanaian passport and ability to run in the general elections in 2020.
The Republic's claim against Hon. Gyakye Quayson is that he falsely claimed on his July 26 passport application form that he solely had Ghanaian citizenship.
He had not yet renounced his Canadian citizenship, which had been granted to him on October 30, 2016.
Hon. Quayson also filed paperwork to the electoral commission stating that he solely had allegiance to the Republic of Ghana in addition to this legal violation.
Even though he was aware that the application to renounce his Canadian citizenship had not yet been approved at the time he submitted his eligibility paperwork to the electoral commission on or between October 5, 2020, and October 9, 2020, it was nonetheless submitted.
Because Hon. Gyakye Quayson was ineligible to run in the elections, Richard Takyi, a resident of Yamoransa in the Central Region, asked a high court in Cape Coast to nullify his election victory.
The case was taken all the way to the Supreme Court, which supported the Cape Coast court's decision. Gyakye Quayson's removal from Parliament was subsequently ordered by the highest court in the land, leading to a by-election.
Despite the criminal charges he is facing, the National Democratic Congress continued to support him as a candidate for the election that he won. While his trial is ongoing, he has now been re-sworn in as the Member of Parliament for Assin North.
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James Quayson's daily trial resumes July 14 as motion for Stay of Proceedings refused
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