Assin North MP, James-Gyakye-Quayson

Lawyers for Joe Gyakye Quayson have filed for a Stay of Execution pending the hearing of his appeal at the Cape Coast High court.

The lawyers say doing otherwise would not only lead to irreparable damage and injustice to the people of Assin North, but also lead to financial consequences for Joe Quayson in the event of a by-election.

On 28th July, 2021, a High Court in Cape Coast presided over by Justice Kwasi Boakye, gave judgment granting all the reliefs of the Petitioner, Michael Ankomah Nimfah and declared the Parliamentary elections for the Assin North Constituency void.

Following that, the lawyers on Monday, filed a notice of appeal seeking to overturn the decision of the high court that annulled the Assin North Parliamentary elections.

Stating the grounds for the appeal, the lawyers argued that the judge erred in his ruling.

The notice of appeal has been followed by an application for a Stay of Execution by the legal team of Joe Quayson.

In an affidavit deposed to by the embattled MP for Assin North, he alleged that the decision of the High Court was clearly in error and if it is allowed to stand, would lead to grave injustice, not only to him but to the people of Assin North who queued and voted in the 2020 Parliamentary elections.

Mr. Quayson said the stay of execution is necessary based on the exceptional circumstances arising from the numerous serious errors of law and constitutional infringements in the decision of the High Court.

“If a Stay of Execution is not granted until the determination of the appeal, it would amount to the High Court being allowed to infringe upon the 1992 Constitution and statutes and ignore binding decisions of the Supreme Court with impunity, thus undermining fundamental tenets of constitutional governance and the rule of law from the time of the clearly erroneous decision until the hearing of the appeal.”

He further contends, if the execution of the judgment is not stayed, the people of the Assin North Constituency will lack representation in Parliament for a significant period.

“As a result of the erroneous decision of the High Court, a by-election was held, I would, for instance, pending the determination of my appeal in this Court of Appeal, be able to seek an injunction to restrain the 2nd Respondent from gazetting any other person as a Member of Parliament for Assin North when I am duly gazetted as such, giving rise to a multiplicity of suits in respect of the representation in Parliament of the people of the Assin North Constituency.”

Mr. Quayson in his deposition also averred if the High Court decision is not stayed, it could give rise to considerable political tension in the Assin North Constituency and possible disturbances of the peace.

“That if the High Court decision is not stayed and my appeal succeeds, as, I am advised by counsel and verily same to be true, is inevitable, the decision of this Court of Appeal on my appeal would be rendered nugatory simply by the passage of time.”

He expresses fears that should the Electoral Commission organize a by-election pursuant to the judgment of the High Court and he wins his appeal in the Court of Appeal, it could lead to an anomalous situation whereby there would be two elected Members of Parliament for the Assin North Constituency, a situation which will be alien to the laws of Ghana.