The Supreme Court on Wednesday, April 13, 2022, has restrained Mr. James Gyakye Quayson from representing the people of Assin North until the final determination of a pending substantive case challenging the legality of his election. Meanwhile, members of his legal team have said they are not in agreement with the ruling of the Supreme Court restraining their client from holding himself as a Member of Parliament for Assin North. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
We’ll contest Assin North court ruling – Minority
The minority in Parliament says it will contest the ruling of a high court in Cape Coast which annulled the 2020 Assin North Parliamentary results and called for a re-run of the elections. The court also directed the National Democratic Congress’ James Gyakye Quayson from holding himself as MP. The petitioner Mr Michael Ankomah-Nimfa, filed processes at the Cape Coast High Court to annul the declaration of Mr James Gyakye Quayson as the Member of Parliament for the constituency. The NDC candidate polled 17,498 votes in the 2020 general elections to beat the NPP’s Abena Durowaa Mensah’s 14,793. It later emerged that Mr Quayson held dual citizenship contrary to Article 94 (2) (a) of the 1992 Constitution of Ghana, which states: ‘A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana’. Reacting to the court ruling, the Minority in a press conference on Wednesday, 28 July 2021 said they will appeal the ruling. Minority Leader Haruna Iddrisu told the media “He [Quayson] won outright as a citizen, born and bred in that community but for some time had to settle in Canada. He subsequently, as I understand, renounced his citizenship, express so far back in 2019, got his certificate at least before the elections. “We in the minority remain unshaken, we are confident that it is our seat, it’ll remain our seat. Our first option is to use the same legal processes and legal forum and opportunities available within the constitution.” Mr Iddrisu indicated that “we will contest the ruling, the judge erred both in law and in facts. It’s a travesty of justice. What is worrying, we don’t want to believe that the courts of Ghana have been captured and the courts of Ghana have become forums being used surreptitiously to tilt the balance of power. “We are equal, 137-137. What is happening is the courts are now being used to tilt the balance of power and to weaken the time-tested historical notion of checks and balances.” He insisted that “justice must not only be done but must manifestly and undoubtedly be seen to be done. What happened this morning in Cape Coast, we are told that even when the Supreme Court of Ghana directed Hon Quayson and his legal team to go and file appropriate legal motions for the matter to be referred to the Supreme Court, he was denied that. That is repugnant and upfront to his right to a fair trial guaranteed under Article 19 of the 1992 construction.” “Danger begets our democracy with the developments happening,” he added. —Classfm Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
July 14 is judgement day for Assin North MP’s Case
A resident of Assin North, Michael Ankomah Nimfah, petitioned the court that his Member of Parliament, Joe Gyaakye Quayson, did not qualify to contest the 2020 Parliamentary elections because he held dual citizenship: Ghana and Canada, at the time of filing to contest. The case has travelled for close to three months, and on Monday, the court presided over by Justice Kwasi Boakye announced the day for judgment after all ancillary matters have been dealt with. Before the court adjourned sitting, it dealt with two motions that had come before him: the application for stay of proceedings and application for the MP’s lawyer, Abraham Amaliba, to withdraw his services. Abraham Amaliba began his submission by saying he had no clue whether the MP has still not been served. The judge asked him to enquire from the court registry, and after he did, he indicated on June 10, there were two attempts to serve the MP but the attempts were unsuccessful because the potential recipients at Parliament said the Parliament was in session. Counsel for the petitioner, Frank Davies, represented to the Abraham Amaliba in the following words: “You’re a lawyer engaged by the MP-your client- to prosecute the case on his behalf. If you intend to withdraw your services, I would have thought the same way you were engaged would be the same way you would use in your withdrawal. “You communicate with him because you stand in for him, why should communicating to him that you can no longer be his lawyer a difficult issue?” Frank Davies intimated that for the past two months, the story has been that the MP has not been served and his believes it’s a calculated attempt to delay the case unduly. He added, “this is an election petition and time is of the essence and we believe in the expeditious trial of the case.” The judge, Justice Kwasi Boakye, read CI 47 order 75 rule 5(2) and granted Abraham Amaliba his wishes to withdraw from the case and set a day for judgement after he dismissed the application for stay of proceedings filed by counsel for the 1st respondent because he found no merit in the application. Mr Amaliba applied for a stay of proceedings because one of the issues he considers cardinal was not set down for trial. The judge also intimated that the MP has not been coming to court and being represented by his lawyer and so he bears the risk of whatever happens if his lawyer fails to communicate the happenings in court to him. After court proceedings, Abraham Amaliba told Joy news, the judge setting a date to deliver his judgment is irregular because his withdrawal from the case needs to be served on Joe Gyaakye Quayson, his client. He explains Order 75 requires that when an order of this nature is made then the client involved should be served so he takes steps to procure the services of another lawyer who would represent him. “This order has not yet been served on the first respondent, and so we wait to see whether this order would be served on the first respondent before July 14, when judgement has been scheduled. “If that is not done, then what happened in court flies in the face of order 75, but as it stands now, I see some indecent haste in this case, but at the end of the day, the rules must be applied, and we must all go by the rules.” Representative of the petitioner, Richard Tachie-Mensah expressed their side’s happiness about the decision in court on Monday, June 28. He says the delay tactics could not go on unabated and that they are happy finality is being brought to the matter He added, “Let us also bear in mind that this is an election petition and definiteness has to be brought on the issue. The delay tactics cannot be done in perpetuity. “The people must know the outcome of the case, whether their MP wins or he loses the case, so they could be clear in their minds who would represent them. Thank God that come the July 14, finality would be brought on the matter.” —myjoyonline Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Assin North: Court grants injunction to stop NDC MP-elect from being sworn-in
A Cape Coast High Court has granted an injunction restraining the Member of Parliament-elect for Assin North, Richard Quayson, from being sworn-in into the 8th Parliament tomorrow, Thursday, January 7, 2021. The injunction was granted in a case filed by one Michael Ankomah-Nimfa of Assin Bereku who claims Mr. Quayson holds dual citizenship of Ghana and Canada. In the substantive case, Mr. Ankomah-Nimfa is seeking to annul the declaration of Mr. Quayson as the winner of the December 7 polls because of the dual citizenship claims. He based his case on Article 94 (2) (a) of the 1992 constitution of Ghana, which says “a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.” The presiding judge, Justice Kwasi Boakye ruled that Mr. Quayson was “restrained from holding himself out as Member of Parliament-elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-elect as such until the final determination of the petition.” The court’s directive implies that the National Democratic Congress will present 136 MPs for the swearing-in ceremony for members of the 8th Parliament on January 7. In November 2020, a group calling itself “Concerned Citizens of Assin North” petitioned the EC in the Central Region to withdraw the candidature of Mr. Quayson because of the same dual citizenship claims. This was one of four attempted injunctions following the 2020 election after the Hohoe MP-elect, Peter Amewu; the Techiman South MP-elect, Martin Adjei-Mensah Korsah and the Buem MP-elect, Kofi Adams had their election victories challenged. In Mr. Amewu’s case, the petitioners were initially successful at the Ho High Court but the state challenged the case at the Supreme Court. The Supreme Court subsequently declared the Ho High Court’s interim orders of injunction as null and void. The New Patriotic Party (NPP) is being the injunction against Kofi Adams and says it seeking to serve him the writ following the injunction suit. The Wenchi High Court dismissed the restraining order filed by the NDC Mr. Adjei-Mensah Korsah after it challenged the validity and outcome of the parliamentary election results in the constituency. Citinewsroom Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0555568093.









