SC Restraint On Assin-North MP A Long-Standing Position Of The Law – Dame

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The Attorney General and Minister of Justice, Godfred Dame, is satisfied with the Supreme Court’s ruling restricting James Gyakye Quayson from holding himself as the Member of Parliament for the Assin North Constituency.

Speaking after the ruling, Mr. Dame said “the ruling is an affirmation of law establishing principles by the Supreme Court.”

“Adamu Daramani Sakande found himself in a similar situation. He was not qualified by the time nominations were opened and was subsequently declared ineligible and for that matter, his seat was taken away. There has to be an even application of the law. If it happened to Daramani Sakande of the NPP, it should happen to a gentleman of the NDC who finds himself in the same situation.”

Touching on the fate of Assin North constituents, Mr. Dame said he does not think that their rights to representation have been interrupted.

“The Supreme Court has always exercised its powers to grant an injunction in constitutional matters. In 1996, the Supreme Court granted an injunction against the NPP in the case of Rosemary Quarm. NPP was injuncted from proceeding to elect a candidate. It is a Court of Law and equity, and therefore it has the right to determine whether to grant injunctions when constitutions are breached or not.”

“Each passing day Mr. Gyakeye Quayson holds himself as MP for Assin North, the constitution is breached,” he further argued.

The Supreme Court on Wednesday, April 13, 2022, restrained James Gyakye Quayson from holding himself as the Member of Parliament for the Assin North constituency.

This decision was taken in a petition brought before the Supreme Court by Michael Ankomah-Nimfa, a resident of Assin Bereku in the Central Region.

The petitioner had earlier secured a judgment at the Cape Coast High Court overturning the election of Mr. Quayson as null and void, but the embattled legislator ran to the Court of Appeal to have the decision set aside.

Mr. Ankomah-Ninfa is challenging the eligibility of Mr. Quayson as the MP for Assin North following allegations that he held dual citizenship prior to contesting the MP position.

Although the Court of Appeal dismissed his case, Mr. Quayson subsequently went to the Supreme Court to have his issue resolved.

Michael Ankomah-Nimfah also took the issue to the Supreme Court to seek interpretation of Article 94(2)(a) of the 1992 Constitution.

In the same case, Michael asked the apex court to place an injunction on Mr. Quayson from holding himself as the MP for Assin North until the final determination of the case.

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