Politics

Assin North: Ousted NDC MP files appeal to challenge Cape Coast court ruling

The 2020 parliamentary candidate of the National Democratic Congress (NDC) for Assin North, Mr James Gyakye Quayson, has appealed the High Court ruling which annulled his election as Member of Parliament (MP).

Mr Quayson in an appeal filed on Monday, August 2, is among other things asking the court to declare as void the July 28 ruling by the Cape Coast High Court.

It is the case of the appellant that the Cape Coast High Court presided over by Justice Kwasi Boakye erred in its ruling and that the ruling was not based in law nor in fact.

Reliefs being sought

Mr Quayson by the petition is seeking among other reliefs a declaration that the judgment of the Cape Coast High Court, dated July 28, 2021, was void for having been issued out of jurisdiction.

Mr Quayson’s petition also seeks an order setting aside the judgment of High Court, Cape Coast and another order setting aside the award of costs against him for Michael Ankomah-Nimfa (the petitioner in the initial case) and the Electoral Commission.

He also asks the court of Appeal to order costs in favour of the appellant (himself) and any further or other order(s) the court may deem fit.

Background

On December 30, 2020, a resident of Assin North, Mr Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be a Member of Parliament.

He contended that the MP was not eligible on the basis that at the time he (Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.

Such an act, he argued, was against the express provision of Article 94 (2) (a) of the 1992 Constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).

Subsequently, the Cape Coast High Court on Wednesday, July 28, 2021, ruled for a fresh parliamentary election to be held in Assin North.

Per the ruling, Mr Joe Gyakye Quayson can no longer hold himself as MP for the Assin North constituency.

He is however not barred from contesting.

The judge, Justice Kwasi Boakye giving the ruling said the MP, Joe Gyaakye Quayson violated constitutional provisions and other statutory provisions that guided the country’s elections.

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