You lack jurisdiction in Assin North case– Gyakye Quayson tells Supreme Court
Lawyers for embattled Assin North Member of Parliament, James Gyakye Quayson, on Wednesday, July 13, 2022, filed a supplement to their statement of case in the Supreme Court following the order of the court on Tuesday.
Mr. Quayson had been given 14 days to file a supplement to his statement of case by the Supreme Court but filed the document a day after the directive, and had written to the Registrar to have the case listed before the legal vacation.
His lawyers insist that the Supreme Court lacks jurisdiction to entertain the originating writ seeking to invalidate the Assin North 2020 Parliamentary elections.
“The broad ground of the application to strike out the writ is that, this court lacks jurisdiction as determined by previous decisions of this court”, the Supplement Statement of Case filed for Mr Quayson indicated.
“The first aspect of these grounds, which is referred to in paragraphs 5 and 6 of the affidavit in support of the application is that this court has previously decided that by virtue of article 99 of the Constitution and section 16 of the Representation of People Act (PNDCL 284), it has no jurisdiction to entertain a suit that involves invalidating the results of a parliamentary election. Even if dressed up as an invocation of the original jurisdiction of this court under article 130 or a suit for enforcement of the Constitution under article 2, this court does not have jurisdiction.”
Relying on the case of Yeboah v JH Mensah, Bimpong-Buta vs General Legal Council among others, Mr. Tsatsu Tsikata, Mr. Quayson’s lead lawyer, prayed the court to strike out the originating writ before it.
The defendant has also prayed the court to list the case before the legal vacation.
“In view of the obvious urgency of this case, particularly its significance for the representation in Parliament of Ghanaians in the Assin North Constituency, we respectfully ask the case be listed before the vacation.”
James Gyakye Quayson, who stood on the tick of the NDC as its parliamentary candidate in the Assin North constituency for the 2020 polls got 17,498 votes representing (55.21%) while Abena Durowaa Mensah, the NPP’s candidate had 14,193 representing (44.79%).
However, the sworn-in MP, had his election annulled by the Cape Coast High Court on grounds that he holds dual citizenship, of which he has denied.
He subsequently appealed the High Court ruling.
One Michael Ninfa, a teacher and resident of Yamoransa in the Central Region, had filed an interlocutory motion and urged the Supreme Court to bar the lawmaker from holding himself out as MP.
His application originated from the decision of the Cape Coast High Court dated July 21, 2021.
Source: Citinewsroom
