Assin North MP injunction case: SC adjourns sitting to 29 March
Quayson’s lawyers during court sitting on 8 March, argued that the two publications in the Daily Graphic were not carried out within the confines of the law
A seven-member Supreme Court panel presided over by Justice Jones Victor Mawulorm Dotse, has adjourned sitting in the case seeking an order of the Court to injunct James Gyakye Quayson, from holding himself as Member of Parliament for Assin North constituency in the Central Region.
The Court was expected hear the injunction application today 16 March 2022. However, lawyers for the embattled Assin North MP, led by Tsatsu Tsikata, failed to file their processes in response to the application but have rather filed an application to review a decision of the Supreme Court dated 8 March, that dismissed a preliminary objection raised by Tsatsu Tsikata, concerning the way and manner through which his client, James Gyakye Quayson, was served with Court processes by way of an advert in the Daily Graphic.
Quayson’s lawyers during court sitting on 8 March, argued that the two publications in the Daily Graphic , dated 26 February and 1 March 2022, were not carried out within the confines of the law.
The Supreme Court however, dismissed the objection and held that the Court records show clearly that all the orders of the Court through the mode of substituted service had been complied with.
As a result of the Supreme Court ruling the dismissed his preliminary objection, Mr Tsikata, has filed an application for stay of proceedings and also an application to review the decision of the seven member Supreme Court panel.
After hearing the submission of the lawyer for James Gyakye Quayson, the presiding judge, Justice Jones Dotse, ruled that the panel has adverted its mind “to the processes that have been filed on behalf of the defendant”.
“Even though we have some reservations in view of the nature of the processes filed, we want to give them [James Gyakye Quayson and his lawyers], the opportunity to move their applications on March 29”.
“We will take the application for review first [on the 29 March 2022], then depending on the outcome of the review, the original panel will deal with the stay and then again depending on the outcome, the court will deal with the motion for interlocutory injunction. The case is accordingly adjourned to 29 March 2022” Justice Dotse ruled.
The case in court
The Case involving the Assin North lawmaker is entitled “Michael Ankomah Nimfah versus James Gyakye Quayson, the Attorney General and the Electoral Commission.
The applicant in the case Michael Ankomah Nimfah is seeking interpretation of Article 94 (2a) of the 1992 constitution and an injunction on James Gyakye Quayson to stop him from holding himself as Member of Parliament for the Assin North constituency.
Wilberforce Asare
Asaase Radio 99.5 – tune in or log on to broadcasts online
99.5 in Accra, 101.5 in Bawku, 99.9 in Bimbilla, 100.3 in Cape Coast, 90.7 in Ho, 98.5 in Kumasi, 99.7 in Tamale, 89.5 in Tarkwa and 106.9 in Walewale
Join the conversation. Call: 020 000 9951 or 059 415 7777. Or WhatsApp: 020 000 0995.
#AsaaseRadio
#TheVoiceofOurLand
