THE RESTRAINED Member of Parliament (MP) for Assin North, James Gyakye Quayson, has renewed his fight to retain his seat by filing two separate applications at the Cape Coast Court of Appeal.
The first application is seeking the re-listing of his appeal against the decision of a Cape Coast High Court which ordered him to vacate his seat after finding that he held dual citizenship at the time of filing his nomination to contest in the parliamentary election.
The second application is seeking a stay of the execution of the High Court’s order as well as the decision of the Cape Coast Court of Appeal to strike out the appeal pending the determination of the application to re-list the appeal.
The Supreme Court last Wednesday restrained the MP from further carrying himself as an MP and purporting to be representing the people of Assin North until the determination of an application seeking the interpretation of Article 94(2)(a) of the 1992 Constitution.
The Cape Coast Court of Appeal on March 22, 2022, struck out Mr. Quayson’s appeal for failing to file his written submissions pursuant to C.I. 19 (Court of Appeal Rules).
But his lawyers have filed an application urging the court to re-list the appeal to afford them the opportunity to file their written submissions.
The application avers that the notice of appeal dated July 28, 2021, that was struck out is unknown to lawyers for the MP as their notice of appeal was filed on August 2, 2021.
They are, therefore, asking the Court of Appeal to use its discretion to re-list the appeal and make an order for them to file their written submissions within 21 days of the Supreme Court providing an interpretation of Article 94(2)(a).
“That such an order would avoid the situation whereby we file our written submissions only to find out that, as a result of the Supreme Court giving an authoritative interpretation, we would have to seek leave for further submissions to be filed,” they added.
Motion for Stay
The application for stay of proceedings avers that the total disregard for basic rules of natural justice by the Court of Appeal when it struck out the appeal when there was a pending application at the Supreme Court constituted an exceptional circumstance which justifies granting the application for stay of execution.
It also argues that if the execution of the High Court’s decision is not stayed, the people of Assin North Constituency will lack representation in Parliament for a significant period without any just cause.
The application adds that if the execution of the High Court’s decision is not stayed, there would likely be a multiplicity of suits as Mr. Quayson will challenge any attempt to hold a by-election in the area when he had been gazetted and sworn in to represent the said constituency.
The applications are slated for hearing on April 26.