Embattled Assin North MP, James Gyakye Quayson
The Supreme Court has adjourned to next Tuesday, May 17, 2022, James Gyakye Quayson’s application for the court to reconsider the decision barring him from working as a Member of Parliament.
The court, in a 5-2 majority ruling last month, stopped Mr Quayson from holding himself out as the Member of Parliament for Assin North, saying it had a duty to protect the sanctity of the constitution.
This decision however split public opinion, with dissenting views questioning the apex court’s position on the right of the Assin North people to representation while others argued that the Supreme Court was not the appropriate platform for the order.
Though no reasons were assigned for the adjournment, the court registry announced to the waiting courtroom that May 17 was the new date for the hearing.
Protecting the constitution
The Supreme Court has said its restraint of James Gyakye Quyason as Assin North MP was to protect the constitution and the sovereign will of Ghanaians without subverting it.
The court maintained that it would be failing in its duty to Ghanaians if it did not grant the injunction against the Assin North MP.
The court restrained James Gyakye Quayson from carrying himself out as the Member of Parliament, while directing the parties to file their memorandum of issues by April 25.
The Majority decision, held by Justices Jones Dotse, Mariama Owusu, Gertrude Torkornoo, Professor Henrietta Mensa-Bonsu and Emmanuel Yonny Kulendi, reasoned that the people of Assin North and Ghanaians as a whole would suffer greater hardship and irreparable damage and inconvenience if Mr. Quayson had not been restrained.
Dissenting from the Majority decision, however, Justices Agnes Dordzie and Nene Amegatcher reasoned that Michael Ankomah-Nimfah, the petitioner, should have sought an enforcement of the High Court judgment against James Gyakye Quayson, and instituted contempt proceedings against him at the High Court rather than appearing before the Supreme Court.
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