The National Democratic Congress (NDC) has dismissed claims that the Assin North MP, James Gyakye Quayson is deliberately evading court processes.
NDC Director of Legal Affairs, Abraham Amaliba told JoyNews the MP is simply ensuring that due process is complied with.
"It’s false because the rules of court necessitate that when a motion is filed and subsequently a reply is filed, there has to be a reply to some of the issues raised in the motion. We are given less than 7 days and that ruling is what we are contesting, so have filed a review application of the decision of the court to give us a lesser number of days to file our response.
Now the delay is not occasioned by us who are interested in ensuring that the case goes on, the delay is occasioned by the court's own decision to short change our time period. We decided that we will come by a review so that the court will give us more time to file our responses and so there’s no delay here. We are going by the rules of the court.”
His statement comes as a response to comments by spokesperson for Michael Ankomah Nimfah, who initiated an election petition against the MP.
Mr Richard Tachie Menson, speaking to the press said the MP is engaged in a ploy to delay the court by filing many applications while evading court processes.
Mr Gyakye Quayson is the subject of multiple legal actions that can potentially affect his stay in Parliament.
A Cape Coast High Court in July 2021, ruled that Mr Quayson cannot hold himself as MP since he held dual citizenship at the time he filed to contest the polls.
This borders on Article 94(2)(a) of Ghana’s constitution that says a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.
Mr Quayson sought to set this aside at the Court of Appeal. He, therefore, asked the Court of Appeal to refer the relevant provisions of the constitution to the Supreme Court. The Court of Appeal turned down the request that it refers a matter to the Supreme Court for interpretation.
On February 8, when the Supreme Court heard the case, lawyers for the MP led by Tsatsu Tsikata informed the court that they had received documents filed by lawyers for Michael Nimfah opposing the request for interpretation.
Mr Tsikata said under the rules of court, he was entitled to at least 7 days to respond if he wanted to do so. He, therefore, asked for an adjournment.
The Apex Court adjourned the case filed by the legislator to Thursday, February 10. Mr Tsikata on Thursday told the court he filed an application challenging its decision to adjourn proceedings to February 10.
The court, therefore, adjourned proceedings to February 15 and 22 to deal with the review and substantive application.
Meanwhile, Mr Gyakye Quayson is yet to make an appearance in court.
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