A Court of Appeal in Cape Coast has thrown out the application by the Assin North MP, James Gyakye Quayson, challenging the High Court’s ruling that declared the parliamentary election as null and void, meaning that the MP could not hold himself as such.
This means the application for stay of execution has been nullified.
The presiding Judge, Her ladyship Irene Charity Larbi on Tuesday stated that the MP failed to comply with the court’s directive of making his written submission within a stipulated period of 21 days beginning from the day the application was filed in October 2021.
Five months on, the written submission has still not been filed.
As it stands, the High Court ruling ordering fresh elections at the Assin North constituency holds.
This decision comes after the Supreme Court unanimously dismissed his application to quash a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.
Mr. Gyakye Quayson went to the Court of Appeal in an attempt to overturn a High Court judgment nullifying his election as Assin North MP, and consequently removing him as a Member of Parliament and ordering a re-run of the poll in the constituency.
While at it, however, the disputed Member of Parliament proceeded to the Supreme Court, applications in hand, to quash the appellate court’s decision not to refer the said contentious constitutional provision for interpretation.
He also asked the apex court to order a stay of the appeal proceedings and to refer to itself for constitutional interpretation, the said article 94(2)(a).
The Constitution in article 94 (2) (a) disqualifies a person who owes allegiance to a country other than Ghana from becoming a Member of Parliament. Mr. Quayson’s lawyers have insisted right from the trial court that the provision needed interpretation.
