Five Takeaways From Supreme Court's Ruling On Deposed Assin North MP's Case
- The Supreme Court on Wednesday ruled that James Gyakye Quayson could not hold himself out as MP
- Five justices of ruled that it was an affront to the justice for Mr Quayson to continue carrying himself as MP for Assin North while a high court has annulled his election
- Two justices dissented on grounds that the Supreme Court was not the proper forum for the application
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On Wednesday, April 13, 2022, the Supreme Court ruled that James Gyakye Quayson should stop holding himself out as the MP from Assin North constituency.
The decision by the apex is expected to stay until it rules on another suit that seeks to challenge the constitutionality of Mr Quyason as MP.
A panel of 7 judges ruled on the case that invoked the Supreme Court's original jurisdiction to determine whether James Gyakye Quayson should still carry himself out as a lawmaker after a 2021 ruling by a High Court in Cape Coast.
The Assin North parliamentary polls was annulled by a high court in Cape Coast when it ruled that Mr Quayson owed allegiance to another country other than Ghana when he filed to contest.
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Five judges voted to stop Mr Quayson from holding himself as an MP, while two dissented.
Below are five takeaways from the written submissions from the judges that sat on the matter:
1. The judges who ruled that Mr Quayson cannot hold himself out as an MP are Justice Jones Dotse, Mariama Owusu, Gertrude Torkornoo, Prof Henrietta Mensah-Bonsu and Emmanuel Yonny Kulendi.
2. The five judges who voted in favour of the application explain that a High Court has declared the election of Mr Quayson as null and void, allowing him to continue as an MP while the constitutional issue was yet to be determined was terrible for the administration of justice.
"This Court will not allow unnecessary recourse to technicalities to defeat the ends of justice."
3. The five judges also held that the whole country would suffer more significant injustice if Mr Quayson was continued to conduct his affairs as an MP and the Supreme Court later determined that his election violated the 1992 Constitution.
4. Justices Agnes Dordzie and Nene Amegatcher dissented the application to stop Mr Quayson from holding himself out as an MP.
5. The two judges held among other things that the Supreme Court was not the proper forum for the applicant and that all he needed to do was enforce the High Court's judgment.
Assin North: James Gyekye Quayson Cannot Hold Himself As An MP – Supreme Court Rules
The Supreme Court has ruled that the embattled NDC lawmaker for Assin North, James Gyekye Quayson, must stop holding himself as an MP.
According to a 3News report, the decision was taken by a seven-member panel of judges presided over by Justices Jones Dotse.
The ruling delivered on Wednesday, April 13, 2022, was a 5-2 majority decision.
Deposed Assin North MP James Quayson Risks Imprisonment – Attorney General Hints
Attorney General, Godfred Dame, has hinted at initiating a criminal case against the deposed Assin North Member of Parliament, James Gyekye Quayson.
Speaking to journalists shortly after the Supreme Court ruled that the Mr Quayson could not hold himself as a lawmaker, the Attorney General said the deposed MP faces the possibility of imprisonment like Adamu Dramani Sakande.
Mr Sakande was a Ghanaian politician and a member of the Fifth Parliament for the Bawku Central in the Upper East Region of Ghana.
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