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Deposed Assin North MP appeals court ruling, wants decision set aside

By George Nyavor
James Gyakye Quayson
James Gyakye Quayson
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The deposed lawmaker for Assin North, James Gyakye Quayson, has headed to the Appeals Court to contest the decision by the Cape Coast High Court.

 According to Mr Quayson, the high court erred in its ruling that his election as Member of Parliament for the Central Region constituency is null and void and hence new elections must be organised by the Electoral Commission.

In his appeal notice, which has been filed on Monday, August 2, 2021, at the Court of Appeal in Cape Coast, Mr Quayson said the ruling by the High Court presided over by Justice  Kwasi Boakye was neither informed by law nor fact.

He is thus asking the Court of Appeal to set aside the orders and costs awarded in the said High Court Judgment.

By the notice of appeal, James Gyakye Quayson is also expected to cause his lawyers to apply to the Court for stay execution of the High Court orders pending the determination of the appeal.

Mr Quayson in his appeal notice insisted that the High Court acted out of jurisdiction by not referring the interpretation of Article 94 (2) (a) of the 1992 Constitution to the Supreme Court.

He is seeking the following reliefs from the Appeals Court:

  1. A declaration that the judgment of the High Court, Cape Coast, Coram Kwasi Boakye Jj. dated 28th July 2021, is void for having been issued out of the jurisdiction.
  2. An order setting aside the judgment of High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021.
  3. An order setting aside the award of costs against the appellant and in favour of the petitioner/respondent and the 2nd Respondent/Respondent
  4. Costs in favour of the appellant.
  5. Any further or other order(s) the Court may deem fit.

The Cape Coast High Court last Wednesday ruled at the time of filing his nomination to contest as an MP, Mr. Quayson, held allegiance to another country other than Ghana.

Ghana's laws bar persons with dual citizenship from holding public office.