Opinion

High Court rejects Gyakye Quayson’s application to halt proceedings pending judicial review

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Lawyers representing James Gyakye Quayson, the Member of Parliament (MP) for Assin North, have had their application to stay proceedings at the high court dismissed by the judge.

The application sought to halt the ongoing trial until a judicial review application, filed with the Supreme Court, was resolved.

Presided over by Justice Mary Maame Ekue Yanzuh, the high court ruled that the application before the Supreme Court did not pertain to the provisions outlined in Article 130 of the 1992 Constitution.

As such, the court was not obliged to suspend proceedings in the ongoing trial.

Article 130 of the 1992 Constitution delineates the exclusive jurisdiction of the Supreme Court.

It states that the Supreme Court shall have original jurisdiction in matters concerning the enforcement or interpretation of the Constitution, as well as matters arising from the question of whether an enactment exceeded the legal powers conferred on Parliament or any other authority under the Constitution.

In its decision, the court noted that the application for judicial review before the Supreme Court related to a decision made by the High Court and did not involve an issue of constitutional interpretation as specified in Article 130 (1 b).

The ruling marks a setback for James Gyakye Quayson’s legal team as they seek to pause the ongoing trial pending the outcome of their judicial review application.

The MP for Assin North has been facing legal challenges regarding his eligibility to hold office due to dual citizenship concerns.

The court’s dismissal of the application signifies that the trial will proceed without delay, emphasizing the importance of adherence to the Constitution and established legal procedures.

The case has garnered significant attention, as its outcome could have broader implications for parliamentary eligibility and constitutional interpretation in Ghana.

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Ngamegbulam C. S

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