The 2020 National Democratic Congress’ (NDC) parliamentary candidate for Assin North, James Gyakye Quayson, has filed a suit at the Appeals Court to suspend the execution of a high court order that seeks to remove him as an elected Member of Parliament.
The stay of execution motion was filed on Thursday, August 5, 2021.
According to the motion, the High Court’s judgement last week was “clearly in error” since, among other things, holding citizenship of another country as well as Ghana cannot be interpreted to mean that he owed allegiance to that country and as such does not qualify to be a Member of Parliament.
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.
He has already appealed the High Court’s ruling, but before a final determination is made, he wants the court to put on hold the execution of the earlier order.
Mr. Quayson, through his lawyers, argues that “if the execution of the judgement is not stayed, the people of the Assin North Constituency will lack representation in Parliament for a significant period.”
“If the High Court decision is not stayed, it could give rise to considerable political tension in the Assin North Constituency and possible disturbances of the peace,” he added.
James Quayson appeals ruling annulling his election as Assin North MP
The 2020 National Democratic Congress’ (NDC) parliamentary candidate for Assin North, James Gyakye Quayson, has appealed the 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 initial 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.
