The injunction application was granted by the Supreme Court
Seven Justices granted the application
The application was against the Assin North MP
A seven-member Supreme Court Justices granted an injunction application against the Assin North NDC MP, James Gyakye Quayson after a member of the governing NPP prayed to the Court to bar the MP from holding himself as a parliamentarian.
The seven Justices who heard the application filed by Lawyer Frank Davis, according to NDC lawmaker Alhassan Suhuyini were; Justices Yonny Kulendi, Jones Dotse, Gertrude Torkonoo, Henrietta Mensa-Bonsu, Nene Amegatcher, Agnes Dordzie, and Avril Lovelace Johnson.
The demand to bar the lawmaker comes amidst discussions on the government’s Electronic Transaction Levy (E-levy), when Parliament reconvened on Tuesday, February 1, 2022.
Suhuyini, in a post on his Facebook timeline, stated that the Justices directed Frank Davies to undertake personal service on the MP since he couldn’t find the speaker to serve him as due process requires.
The High Court had ruled on August 4, 2021, that, the NDC MP at the time of filing his documents to contest the election in Assin North, still held allegiance to another country other than Ghana.
The Court thus cancelled his election in 2020 as an MP, ordering a re-run of the poll in Assin North, and, consequently, prohibited James Quayson from holding himself out as Member of Parliament for the area.
But the MP appealed the decision and prayed that the Appeals Court suspends the execution of a high court order that seeks to remove him as an elected Member of Parliament.
According to the motion, the High Court’s judgement was “clearly in error” since, among other things, holding citizenship of another country as well as Ghana cannot be interpreted to mean that he owed allegiance to that country and as such does not qualify to be a Member of Parliament.”
Quayson, through his lawyers, argued that “if the execution of the judgement does not stay, the people of the Assin North Constituency will lack representation in Parliament for a significant period.
“If the High Court decision does not stay, it could give rise to considerable political tension in the Assin North Constituency and possible disturbances of the peace.”