The Supreme Court has ruled that the Assin North MP, James Gyakye Quayson, is not the Member of Parliament for Assin North.
This comes after Michael Ankomah Nimfah on
January 27, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high Court Judgment annulled his election due to the issue of dual citizenship on July 28, 2021.
The apex court in a 5-2 ruling said the application from Michael Ankomah Nimfah
succeeds. The seven-member panel of the Supreme Court said the MP is restrained from holding himself out as an MP for Assin North.
While Justice Agnes Dordzie and Nene
Amegatcher dissented, Jones Dotse, as Court
President, Prof. Henrietta Mensah Bonsu, Mariama Owusu, Gertrude Torkornoo, and
Emmanuel Yonny Kulendi granted the application.
EIB Network’s Court Correspondent Murtala
Inusah reports that the full ruling would be ready by the close of day today
Background
The Supreme Court had on March 8, 2022,
ordered the legislator to file his defence in the
case after in a 6-1 ruling.
The apex court had held that the MP has been sufficiently given notice of the case against him.
Mr Tsikata contended that, the
seven days period given by the court for the
Daily Graphic’s publication as per the orders in
a substituted had not elapsed.
The Supreme Court said, the postings of the
processes in his house and notice boards of the High Court and Supreme are enough to bring the matter to the attention of the MP regardless of the publication in the Graphic.
Orders
The panel, on February 22, directed that court
processes be brought to the attention of the
MP through a publication in the Daily Graphic
newspaper and posting on the wall of the Supreme Court in Accra, the High Court in
Cape Coast and the residence of the MP.
This was after the plaintiff through his lawyers
filed the case against the MP, told the court all
attempts to give the MP court documents
have proved unsuccessful.
After hearing the parties, the court said, “We
agree to adjourn to 29 and hear the review
motion panel to be constituted by the C and
depending on the outcome, the substantive
the interlocutory injunction will be heard.
Source: Starr FM
