Great thanks to Lawyer Tsatsu Tsikata (the lead Lawyer for Former President John Mahama in the 2020 election petition), for his quick intervention into the case of the Assin North Member of Parliament, Honorable James Gyakye Quayson at the Supreme Court.
Good work done, also goes to the Supreme Court of Ghana for the clarification, and its great rulings on Honorable James Gyekye Quayson's case, on Tuesday February 8, 2022.
Lawyer Tsatsu Tsikata,( though not part of the case involving the Assin North MP), entered the Supreme Court room, represented the Assin North MP through a legal process known as 'Amicus curiae', and told the court, that he wanted to get involved in the case of Honorable James Quayson (Assin North MP).
According to legal terms, an amicus curiae (often referred to as amicus brief), is defined as the legal brief, where someone who is not a party to a case, assists the court by offering information, expertise, or insight that has a bearing on the issues in the case.
When asked the whereabouts of Honorable James Gyekye Quayson, Lawyer Tsikatta said, Honorable James Gyekye Quayson, was attending to urgent Parliamentary business, hence his absence from the Supreme Court on 8 February 2022.
The Supreme Court in its ruling on February 8, 2022, said Honorable James Gyekye Quayson is still covered by article 117.
According to Article 117 of Ghana's Constitution, when a Member of Parliament is going for Parliamentary sittings he/she cannot be served with court summons; When he/she is returning from Parliament he/she cannot be served, When he/she is on Parliamentary duties he/she cannot be arrested.
Again; according to the constitution of the land, It is only the Right Honorable Speaker Of Parliament who can release the Member of Parliament for an arrest and so on.
Concerning the allegation involving the assault of the Bailiff by the Bodyguard of Honorable James Gyakye Quayson, the Supreme Court has directed, that registrar should report the allegation by the Bailiff to the Chief Justice.
Supreme Court's proceedings which was chaired by Justice Dotse has ruled that, until the Appeal Court comes out with it's rulings, nothing can be done against Honorable James Quayson. Case has since been adjourned to March 1, 2022.
The second case that came up in the afternoon, saw the Assin North MP, asking the Supreme Court to set aside the decision of the Appeal Court to turned down his (Honorable Quayson) request, that it refers a matter to the Supreme Court for interpretation of Article 94(2)(a) of Ghana’s constitution that says "a person shall not be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana".
Lawyer Tsikata after explaining why his client Honorable Quayson was not present in court, again told the court that he was on Thursday, February 3, presented with documents prepared by lawyers for Michael Nimfah.
Tsikata argued that he was legally entitled to file a response in 7 days. The court adjourned proceedings to Thursday February 17 for Lawyer Tsatsu Tsikata to file a response if he finds it necessary.
On February 8, 2022, Bailiff from the Supreme Court alleged that, the bodyguard of the Assin North Member of Parliament, Honorable James Gyakye Quayson assaulted him,in the process of serving the MP with a court document.
The Registrar of the Supreme Court Mathew Antiaye, also informed the court, that attempts to serve the court processes on Honorable Quayson on two different occasions, and at two different locations have all failed.
An earlier ruling by the Cape Coast High Court on July 2021, states, that Honorable James Quayson was not eligible to contest the 2020 parliamentary elections, because was holding dual citizenship(Ghana and Canada).
All these are attempts by some people to get the Supreme Court, to place an order on the Assin North Member of Parliament, preventing him from participating in parliamentary business.
Lawyer Tsikata's quick intervention into the Assin North MP's case at the Supreme Court, has really saved the NDC Minority Caucus in Parliament, from losing a member in the ongoing E-levy battle.
Thanks to Lawyer Tsikata for his latest legal technique to defend Honorable James Quayson at the Supreme Court .
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