Injuncted Assin North Member of Parliament, James Gyakye Quaysonis back in court nearly two weeks after the Supreme Court barred him from performing parliamentary duties pending the determination of a substantive suit.

The MP is seeking a review of the 5-2 majority ruling that he believes resulted in what he termed as, “a grave miscarriage of justice against the people of Assin North as well as myself.”

Mr. Quayson contends that the apex court lacked jurisdiction to determine the validity of a parliamentary election as it is the High Court that has such exclusive jurisdiction.

He again emphasized that the Supreme Court in its ruling failed to observe that the writ upon which it based its ruling sought to invite the court to enforce a High Court ruling.

“The majority decision was in patent and fundamental error and violated article 129(3) of the Constitution in assuming jurisdiction over the determination of the validity of a Parliamentary election and proceeding to grant the application for interim injunction.

“The majority decision was in patent and fundamental error in failing to appreciate that the suit was I reality an attempt to enforce the decisions of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court,” part of the review application read.

Mr. Quayson further maintained that the Supreme Court granting an order of interlocutory injunction pending the determination of the [substantive] suit when what the applicant was seeking by [the] this application was for the execution of decisions in the courts below… constituted an error and a gross miscarriage of justice.

Meanwhile, the review application is expected to be heard on Tuesday, May 17, 2022.

Background

In July 2021, a High Court in Cape Coast nullified the election of the Assin North MP, after it found that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.

Michael Ankomah Nimfah, a resident of the constituency, filed the petition in court and later initiated another action at the Supreme Court to enforce the High Court's decision.

He urged the Court to prevent a further breach of the constitution by restraining the MP.

On Wednesday, April 13, the Supreme Court in a 5-2 decision ruled on the issue by barring the Assin North MP from performing any Parliamentary duty.

This is until the determination of the substantive case filed against him at the Supreme Court.

Source: www.ghanaweb.com