Assin North MP, Quayson files appeal; asks the court to quash ruling that annulled his election
- James Gyakye Quayson, the NDC MP for Assin North whose election was annulled by a Cape Coast Court has filed an appeal
- He wants the appeal court to quash the ruling nullifying his election results
- According to Quayson, the further order that the Electoral Commission should conduct fresh elections in the constituency lacked any legal basis
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The National Democratic Congress (NDC) candidate for Assin North in the 2020 parliamentary elections, James Gyakye Quayson, whose election was annulled by a Cape Coast High Court, has appealed the ruling.
Quayson in his petition, asked the court to quash the decision of the Cape Coast High Court.
According to Quayson, the nullification and the further order that the Electoral Commission should conduct fresh elections in the constituency lacked any constitutional and/or legal basis.
“The judgment is wholly against the weight of the evidence,” he stated.
Reliefs being sought by the appellant from the Court of Appeal include a declaration that the judgment of the High Court, Cape Coast, chaired by Justice Kwasi Boakye, on July 28, 2021 was
In the reliefs filed, the appellant stated that the judgment is void for having been issued out of the jurisdiction.
The appellant said Section 1(2) of the Evidence Act 323 makes the determination of foreign law (in this case, Canadian law pertaining to owing allegiance to Canada) a question of fact to be proved by leading evidence.
“The High Court did not allow for proof of foreign law in the determination of the issue of whether or not the appellant owed allegiance to a country other than Ghana,” he said.
The appellant further stated that the decision of the High Court to determine the suit solely on legal arguments, when a matter of foreign law was pleaded, was in breach of the High Court (Civil Procedure) Rules.
YEN.com.gh earlier reported that, the Cape Coast High Court has canceled the parliamentary elections of the Assin North constituency in the 2020 parliamentary elections.
The court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the constituency.
Justice Boakye in his ruling on Wednesday, July 28, said the parliamentary candidate, Joe Gyakye Quayson had dual citizenship while contesting for the seat.
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