2 years ago
The Supreme Court has, in a greater part 5-2 choice, ruled that Assin North MP, James Gyakye Quayson, can never again perform Parliamentary obligations.
This is until the assurance of the meaningful case recorded against him at the Supreme Court.A Cape Coast High Court in July, 2021 invalidated the appointment of Mr Quayson after it observed he owed devotion to Canada at the hour of recording his selection structures to challenge the surveys.
Michael Ankomah Nimfah, an occupant of the body electorate who documented this political race request in January, 2022, started one more activity at the Supreme Court. He asked the Court to give impact to the Cape Coast High Court Judgment and forestall a further break of the constitution by controlling the MP.
"On the off chance that he keeps on being in Parliament, he will in any case be in break of the constitution. Individuals of Assin North have been burdened with an inadequate individual for a really long time" Lawyer for Mr Nimfah, Frank Davies told the Supreme Court on Tuesday, March 5, 2022.
Attorney-General Godfred Yeboah Dame took a comparative situation with regards to this issue. He demanded there can't be any discussion that the persistent stay of the administrator in Parliament is a continuing break of the constitution that can't be permitted to putrefy.
On represent the uncontroverted realities of this case. It obviously shows that the Court is confronted with the patent case of unlawfulness each passing day," Mr Dame said.
Legal advisors for the MP drove by Tsatsu Tsikata conflicted.
Mr. Tsatsu Tsikata scrutinized the premise of the application bringing up that it was procedurally inappropriate. He demanded the principles of the Supreme Court don't accommodate such a directive application.
He contended that a party needing this cure should rather make a solicitation to the Supreme Court for the Court to conclude what steps the party should take.
"The movement implies to be brought under the High Court rules. This isn't the High Court. Furthermore, the Supreme Court rules under rule 5 make arrangements for where no express arrangements are made for specific standards the Court will recommend such practice. A solicitation should be made," Mr Tsikata said.
The Court suspended procedures to April 13, 2022, to convey its decision.
On Wednesday, April 13, the Court said Mr. Quayson ought to never again hold himself as MP or present himself in Parliament.
Justices Dordzie and Nene Amegatcher held the minority view.
"The application succeeds. The MP is limited from holding himself as MP for Assin north and controlled from going to Parliament to lead business in the interest of individuals of Assin north.
"The limitation stays until the last assurance of the considerable matter. We direct that the case hearing be sped up," Justice Dotse ruled.
The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
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