Your application lacks merit – Supreme Court to Assin North MP

James Gyakye Quayson
Assin North MP, James Gyakye Quayson

The Supreme Court has in a unanimous decision dismissed an application filed by Assin North MP, James Gyakye Quayson.

This was a review application that urged the Apex court to set aside its March 8, ruling that ordered the legislator to file his defence in a case seeking to stop him from performing parliamentary duties.

The Court on March 8 noted that the case against the MP has been sufficiently brought to his attention.

The Apex Court 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 private citizen who filed the case against the MP, Michael Ankomah Nimfah through his lawyers told the court all attempts to give the MP court documents had proved unsuccessful.

A Cape Coast High Court in July 2021 annulled the Assin North Parliamentary elections when it ruled that Mr Quayson owed allegiance to another country other than Ghana at the time of filing his nomination forms to contest the polls.

The MP has since been fighting to set this aside at the Court of Appeal.

Lawyers for Mr Nimfah want the Mp restrained from performing Parliamentary duties while they await the decision of the Court of Appeal.

In Court on March 8, lawyers for the MP led by Tsatsu Tsikata informed the court that its order for substituted service had not been fully complied with.

He said the publication in the Daily Graphic did not contain all court processes but simply had the order of the court and the date for hearing.

Lawyer for Mr Nimfah, Frank Davies told the court a misunderstanding of its order in respect of the Daily Graphic Publication does not mean the MP is not aware of court processes.

He explained that the order modes of service had been complied with.

The court then took notice of the fact that court processes had been given to Mr Tsikata’s Co-Counsel, Justin Teriwajah.


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