James Gyakye Quayson, the Member of Parliament for Assin North is facing another trouble after his seat was declared null and void by a High Court, Wednesday.
This is because another complaint has been filed against him at the Criminal Investigations Department (CID) for taking part in several legislative decisions including the election of the Speaker of Parliament, although he had been barred by the High Court not to hold himself as an MP.
This was made disclosed by the National Youth Organizer of the New Patriotic Party, Nana Boakye, who is also lawyer for the petitioner Michael Ankomah-Nimfah.
Describing the first phase of the case as welcoming Nana Boakye told radio network Citi FM that: “Today’s [Wednesday, July, 28, 2021] judgement is an endorsement of our position that his election and even filing of nomination is in contravention of Article 94(2) of the constitution and also, section 9.2 of the Representation of People’s Act, PNDC Law 284, and prayed the court declared it illegal, null and void, and today [Wednesday] the court endorsed this position and ruled in favour of that position.”
He was quick to add that: “Our Regional Secretary has made a complaint to the CID, so I am very sure that the CID in its judgement will consider it and critically assess it, and we’re also going on with the criminal proceedings. The laws have not changed regarding filing nominations and dual citizenship, so we are looking forward to the law taking effect. Don’t forget that before swearing-in there was an injunction against him for holding himself up as an MP, and I am very sure that criminal charges will be pressed against him”, Nana Boakye added.
A High Court in the Central Regional capital Cape Coast has declared the Assin North Constituency seat vacant.
Delivering his judgement, the court presided over by Justice Kwasi Boakye also ordered for a fresh election to be held by the Electoral Commission, the election management body.
The court further upheld that the opposition lawmaker breached the provisions of the constitution by holding a dual citizenship status.
Until a by-election is held, the development means the number of seats for the National Democratic Congress in Parliament has dropped to 136 as against the New Patriotic Party’s 137.
Background
The Supreme Court on Tuesday asked for the withdrawal of an application seeking its supervisory jurisdiction in a case where the Cape Coast High Court is set to decide a petition challenging the eligibility of the Assin North MP.
The apex court argued that due process was not followed. The application was subsequently withdrawn by lawyers for the MP, paving the way for the Cape Coast High Court to rule on the matter Wednesday.
This comes after Lawyers for the Member of Parliament for Assin North, Joe Gyaakye Quayson withdrawn an application seeking to invoke the supervisory jurisdiction of the Supreme Court to interpret certain constitutional provisions.
The MP’s lawyer, Justin Pwavra Teriwajah had tried without success, to get the Cape Coast High Court hearing the election petition involving his client, to refer Article 94, Clause (2a) of the 1992 Constitution to the Supreme Court for interpretation.
A five-member Supreme Court presided over by Justice Yaw Apau, struck the application out after the MP’s lawyer had withdrawn it.
The judges explained to the lawyer that he should have formally applied to the High Court to refer the said constitutional provision to the Supreme Court for interpretation, and if he refused, there would have been grounds to refer the same to the Supreme Court.
SOURCE: NEWS AGENCIES
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