Assin North MP - Joe Gyaakye Quayson

A court of Appeal in Cape Coast has set 24th January 2022 to determine the stay of execution filed by lawyers for Assin North MP, Joe Gyaakye Quayson.

The determination of the application is expected to deal with the issue of whether or not the Assin North MP could still stay in Parliament while the substantive appeal is heard or the decision of the Cape Coast High Court annulling the parliamentary elections in the Assin North Constituency could be enforced.

The National Democratic Congress (NDC) candidate for the 2020 Assin North parliamentary election, filed an application to stay the ruling of the Cape Coast High Court that annulled his election as MP, pending the hearing of his appeal.

The High Court on July 28, following a petition by an Assin North constituent, Michael Ankomah-Nimfah, declared Quayson’s election as void because he owed allegiance to a country other than Ghana, contrary to provisions of Ghana’s constitution.

Justice Kwasi Boakye who heard the case also ordered fresh elections to be organized for the constituency.

In the application to stay the execution of the Cape Coast High Court, Mr. Quayson was convinced the decision of the High Court was clearly in error, as for instance, the issue of whether he owed allegiance to a country other than Ghana under Article 94(2)(a) of the 1992 Constitution is a matter that can only be properly determined by recognizing that it is a question of fact by virtue of the Evidence Act, 1975 (NRCD 323) and evidence has to be led, in this case, of Canadian law on the matter.

The court on Monday further dismissed two applications filed by lawyers for the Assin North MP.

The first appeal hinged on whether the matter of Article 94(2a) of the 1992 constitution, the qualification of an MP, should be referred to the Supreme Court for interpretation.

Lawyers for the MP disagreed with the trial Judge, Justice Kwasi Boakye when he refused to refer the matter to the Supreme Court for Interpretation.

The trial judge indicated that matters relative to Article 94 (2a) of the 1992 constitution had been extensively dealt with by the Supreme Court in its decisions and warranted no referral.

The lawyers for the Assin North MP disagreed vehemently with the trial court and contended that Article 94 (2a) was ambiguous and needed an interpretation from the Supreme Court that has been clothed with the power to interpret unclear constitutional provisions.

The Court of Appeal upheld the decision of the trial court and dismissed the application.

The court also refused an application filed by the Assin North MP seeking to add additional grounds of appeal.

In court on Monday were lawyers for the Assin North MP, Tsatsu Tsikata and Justin Pwavra Terewajah, and lawyers for the applicant: Frank Davies, Daniel Arthur, and Bright Okyere Agyekum

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