NDC describes ruling against Assin North MP as unfair
Citizenship of Gyakye Quayson challenged
MP wants Supreme Court interpretation of Article 95(2)(a) of the 1992 Constitution
A Cape Coast Court has dismissed a motion by the Member of Parliament for Assin North, James Gyakye Quayson, requesting for a referral to the Supreme Court for an interpretation of Article 95(2)(a) of the 1992 Constitution.
The court has also refused an application by the MP to file an additional supplementary ground of appeal.
A trial court judge, Justice Kwesi Boakye, had earlier dismissed a motion for a stay of proceedings by the MP who is being represented by lawyer Tsatsu Tsikata. The MP turned to the Appeal Court to overturn the ruling but was dismissed as well.
The motion for stay of proceedings was objected to by counsel for the petitioner, in the case in which the MP was accused of holding dual citizenship that disqualified him from contesting in the 2020 elections.
According to the counsel for the petitioner, the Court of Appeal lacked jurisdiction to grant motions for stay of proceedings since C.I. 132 has revoked rules 27A and 28 of C.I. 19 which were the rules upon which the Court of Appeal could grant an application for stay of proceedings.
The court subsequently dismissed the application following which the lawyers of the MP filed the appeal.
The National Democratic Congress is challenging the annulment of the results of the Assin North 2020 parliamentary elections by a court presided by Justice Akwasi Boakye.
The citizenship Mr James Gyakye Quayeson is being questioned by the petitioner in the case, Michael Ankomah-Nimfah of Assin Bereku.
Meanwhile, the NDC has served notice that it intends to pursue the matter to the Supreme Court to have the judgement overturned.
According to the party, Justice Boakye erred in delivering his judgment.
“The High Court erred in law when it held that an election petition in the High Court is a competent procedure for challenging the decision of the [EC] to clear [the MP] for the 7th December, 2020 Parliamentary election,” one of the grounds of appeal noted.