The Court of Appeal in Cape Coast on Monday dismissed the Assin North MP, James Gyakye Quayson’s application for referral to the Supreme Court for interpretation of Article 94(2) (a) of the 1992 Constitution.
The court also refused Mr Gyakye Quayson’s application to file additional supplementary grounds of appeal.
The two applications which suffered dismissal were filed by Tsatsu Tsikata counsel for the embattled MP.
Background
The Assin North MP, appealed for stay of proceedings after the trial Judge, Justice Kwasi Boakye dismissed earlier application. Unfortunately for him, the Appeal Court he turned to also dismissed the application.
Counsel for the petitioner raised a preliminary objection to the motion for stay of proceedings on the grounds that the Court of Appeal lacked jurisdiction to grant motions for stay of proceedings since C.I. 132 has revoked rules 27A and 28 of C. I. 19 which were the rules upon which the Court of Appeal could grant an application for stay of proceedings.
Counsel for James Quayson, Justin Pwavra Teriwajah, argued that per the decision of the Supreme Court in the case of The Republic v. High Court; ex parte Magna International Transport Limited [2017-2018] 2 SCLRG 1024, the jurisdiction of the Court of Appeal to grant an application for stay of proceedings is two-fold: Inherent jurisdiction of the Court of Appeal; and Jurisdiction of the Court of Appeal based on rules 21, 27, 27A and 28 of C. I. 19.
He explained, the Court of Appeal’s power to stay proceedings doesn’t mean that the Court of Appeal can no longer grant applications for stay of proceedings.
He submitted that it only means that the court’s power to grant applications for stay of proceedings is now based only on the inherent jurisdiction of the Court of Appeal.
The panel of three judges unanimously dismissed the application of the applicant for a stay of proceedings.
The judges then advised counsel for the applicant to test the law at the Supreme Court in respect of his contention that despite the revocation of rules 27A and 28 of C. I. 19 by C. I. 132, the Court of Appeal still has inherent jurisdiction to grant motions for stay of proceedings.
The NDC had filed a notice of appeal at the Cape Coast High Court over judgement on the 2020 Parliamentary Elections in the Assin North Constituency of the Central Region.
The judgement by Justice Kwasi Boakye annulling the results of the elections and demanding fresh elections to replace James Gyaakye Quayson, whose citizenship was questioned at the High Court by mason Michael Ankomah-Nimfah of Assin Bereku.
NDC’s National Chairman Samuel Ofosu Ampofo had described the judgement as a travesty of justice while the party’s leader in Parliament, Haruna Iddrisu, had hinted at heading to the Supreme Court for review of the High Court’s decision.
On Monday, August 2, the party was at the Cape Coast High Court to file the notice of appeal.
In the notice to the Court registrar, the NDC said it was dissatisfied with the judgement, citing errors by Justice Boakye in delivering that judgement.
“The High Court erred in law when it held that an election petition in the High Court is a competent procedure for challenging the decision of the [EC] to clear [the MP] for the 7th December, 2020 Parliamentary election,” one of the grounds of appeal noted.
It also said even the order by Justice Boakye lacks constitutional backing.
It is, therefore, seeking from the Court of Appeal a declaration that the judgement by Justice Boakye is void for having been issued out of jurisdiction, among other reliefs.
