The Supreme Court will rule today on whether James Gyakye Quayson, MP for Assin North, may continue to serve his constituency in Parliament.
The action was filed to the Supreme Court by Michael Ankomah Nimfah, a resident of the constituency, who claimed that James Gyakye Quayson's continued stay in office after a High Court decision annulling his election violated Ghana's 1992 Constitution.
This, he claims, was not fair to the people of Assin North, and he criticizes Ghana's 1992 Constitution.
In July 2021, the Cape Coast High Court declared Mr Quayson's election invalid because it determined he owed loyalty to Canada when he filed his candidacy to run for MP in 2020.
As a result, the plaintiff is seeking the Supreme Court to uphold the Cape Coast High Court's decision and prevent a subsequent violation of the constitution by restricting the MP.
"If he remains in Parliament, he will continue to be in violation of the constitution." "For far too long, the people of Assin North have been stuck with an unqualified individual," Mr Nimfah's lawyer, Frank Davies, told the Supreme Court on Tuesday, April 5, 2022.
Godfred Yeboah, the Attorney General, also has the same job.
He claims that there can be no disagreement about the fact that the legislator's constant presence in Parliament is a violation of the constitution that must not be allowed to fester.
"Because of the undisputed facts of this case." It is evident that the court is confronted with a patent case of unconstitutionality on a daily basis.
However, the besieged lawmaker's legal team, led by Mr Tsatsu Tsikata, rejected these claims.
Mr Tsikata claims that the Supreme Court's guidelines do not allow for such an injunction motion.
As a result, he questioned the application's premise, pointing out that it was procedurally incorrect.
"The motion purports to be filed in accordance with the regulations of the High Court." This is not the Supreme Court." He will continue to be in violation of the law if he remains in Parliament.
“And the Supreme Court rules under rule five make provisions for where no express provisions are made for certain rules the court shall prescribe such practice. A request ought to be made,” Mr Tsikata said.
FOLLOW FOR MORE INFORMATION
LIKE, SHARE AND COMMENT
BIGHSHARG NEWS
Content created and supplied by: BighShargNews (via Opera News )
COMMENTS