The High Court in Ghana, which is hearing the criminal case against James Gyakye Quayson, the detained Member of Parliament (MP) for Assin North, has denied an attempt to dismiss three allegations against him.
Mr Quayson is facing five counts of deception of a public officer, forgery of a passport or travel certificate, knowingly making a false statutory declaration, perjury, and false declaration for office in connection with allegations that he knew he had dual citizenship when he filed to run for parliament in 2020.
He has pled not guilty to the accusations, though.
Motion
Tsatsu Tsikata, Quayson's attorney, asked to dismiss the accusations of intentionally making a false statutory statement, perjury, and false declaration for office when the matter was called on Wednesday, June 1.
Counsel contended that the specifics of crime in each of the three accusations were insufficient to explain why his client was being prosecuted.
Counsel again contended that the accused would be unable to successfully defend himself in respect to the accusations, describing the charges as flawed.
Opposed
The prosecution, represented by Dorcas Felli, requested the court to dismiss the motion, claiming that the specifics of the offenses provide enough information for the accused to reply to the allegations.
She stated that it was more within the court's scope to rule on whether the state had proved a prima facie case, after which the accused might submit a no case submission.
Court
The plea was denied by Justice Mary Maame Ekue Nsenkyire, who noted that the accused had no need to establish his innocence, adding, "it is the role of the prosecution to show its case."
"Because the prosecution has the final say, the accused can choose to remain silent throughout the trial."
As a result, the application was rejected as being without merit.
The trial will begin on July 12th, according to the court.
On that date, the state is likely to call the first of five witnesses.
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