The Supreme Court in a five-two majority decision on Wednesday has ruled that Mr James Gyakye Quayson, Member of Parliament (MP) for Assin-North should stop holding himself up as the MP for the Constituency.
The Apex Court ordered that Mr Quayson should not present himself or attend Parliament until the final determination of the case.
“First Defendant is restrained from holding himself out as a Member of Parliament for Assin-North Constituency, presenting himself and attending or attending before Parliament to conduct the business as a Member of Parliament for Assin-North pending the determination of this suit.”
It has therefore ordered for speedy trial at the High Court. Quayson is facing criminal charges involving false declaration of himself at the High Court.
The Supreme Court continued that “This court further directs that the hearing of this suit be expedited and that the parties and their counsel will cooperate with the Court in this regard”.
The parties are to jointly file a memorandum of issues by April 25.
“We have observed that the first defendant has filed processes including the statement of case, on April 12, 2022, instead of April 11, 2022,” the Court said.
“That notwithstanding, we direct the parties and their counsels to endeavour to file their joint Memorandum of issues on or by April 25, 2022.”
The Court further stated that “Failing which each part may file their separate Memorandum of issues for the Court to compose the relevant issues out of them”.
The Cape Coast High Court in the Central Region had declared the 2020 parliamentary election held in the Assin North Constituency as null and void because Mr Quayson breached the provisions of the Constitution regarding dual citizenship and that as at the time of filing his nomination, he was not qualified in law to stand for the elections.
Mr Quayson subsequently appealed the judgment, at the Court of Appeal in Cape Coast, which has since been dismissed by the court for non-compliance of its rules.
Article 94 (2) of the Constitution says a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.
Michael Ankomah-Nimfa, a resident of Assin Bereku in the Central Region, filed a petition at the Cape Coast High Court seeking to annul the declaration of Mr Quayson.