The 2020 National Democratic Congress’ (NDC) parliamentary candidate for Assin North, James Gyakye Quayson, has appealed against a High Court ruling which nullified his election as the Member of Parliament for the area.
Mr. Quayson in his appeal sighted by Citi News insisted that the Cape Coast High Court erred in its ruling, hence his action.
The Cape Coast High Court last Wednesday ruled that Mr. Quayson, at the time of filing his documents to contest the election in Assin North, still held allegiance to another country other than Ghana.
The Court thus cancelled the said election, ordering a re-run of the poll in Assin North, and, consequently, prohibited James Quayson from holding himself out as Member of Parliament for the area.
But in a notice of appeal filed on Monday, August 2, 2021, at the Court of Appeal, Cape Coast, and sighted by Citi News, Mr. Quayson said the ruling delivered by the High Court presided over by Justice Kwasi Boakye was neither based in law nor in fact.
He is thus asking the Court of Appeal to set aside the orders and costs awarded in the said High Court Judgment.
By this Notice of Appeal, James Gyakye Quayson is also expected to cause his lawyers to apply to the Court for stay execution of the High Court orders pending the determination of the appeal.
Mr. Quayson in his appeal notice insisted that the High Court acted out of jurisdiction by not referring the interpretation of Article 94 (2) (a) of the 1992 Constitution to the Supreme Court.
He is seeking the following reliefs:
1. A declaration that the judgment of the High Court, Cape Coast, Coram Kwasi Boakye Jj. dated 28th July 2021, is void for having been issued out of the jurisdiction.
2. An order setting aside the judgment of High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021.
3. An order setting aside the award of costs against the appellant and in favour of the petitioner/respondent and the 2nd Respondent/Respondent
4. Costs in favour of the appellant.
5. Any further or other order(s) the Court may deem fit.
Speaking to the media on behalf Mr. Quayson, the Communications Director of the NDC, Sammy Gyamfi, described the July 28 judgment as a travesty of justice.
Sammy Gyamfi maintained the Judge, Justice Kwasi Boakye and the administrators of the court, in general, were unfair.
The Criminal Investigations Department (CID) of the Ghana Police Service has put on hold plans to invite and interrogate James Gyakye Quayson, whose entry into Parliament has been short-lived.
The CID had been petitioned by the Central Regional Secretary of the New Patriotic Party (NPP), Richard Takyi Mensah over allegations that Mr. Quayson falsely declared that he owes allegiance to only Ghana while filing nomination to contest in the 2020 parliamentary elections.
Citi News sources within the CID said the investigations have been put on hold due to hints that, following the hint about Mr. Quayson’s appeal agaonst the judgement of the High Court.
The CID was petitioned to investigate Mr. Quayson’s participation in a number of activities in Parliament, including his participation in the election of the Speaker of Parliament, although the High Court in Cape Coast had barred him from holding himself as an MP at the time.
SOURCE: NEWS AGENCIES