Court 'stops' swearing in of Assin North MP-elect

The Cape Coast High Court has placed an interlocutory injunction on the swearing-in of the National Democratic Congress (NDC) Member of Parliament-Elect for Assin North, James Gyakye Quayson.

In a ruling Wednesday, [January 6, 2020], the court has also placed an injunction on Mr Quayson from holding himself as the MP-Elect for Assin North in the Central Region.

The injunction will be in place until the final determination of a suit challenging his election on the basis that he was a citizen of Canada when he filed his nomination to contest as a Member of Parliament (MP) in Ghana.

All Members of Parliament-elect are expected to be sworn into office at dawn January, 7, 2021.

Order of Interlocutory injunction

A copy of the order seen by Graphic Online reads: "Upon reading the affidavit deposed to by Michael Ankomah-Nimfah [Applicant herein] in support thereof, and upon hearing Frank Davies Esq, with him Gary Nimako and Frank Kusi counsels for and on behalf of the applicant herein together with Abraham Amalibah Esq, with him Adu Yeboah, counsel for and on behalf of James Quayson a.k.a. James Gyakye Quayson [1st Respondent]."

"It is hereby ordered that James Quayson a.k.a. James Gyakye is hereby restrained from holding himself out as Member of Parliament-Elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-Elect as such until the final determination of the Petition filed against him by the applicant."

Mr Quayson defeated the incumbent New Patriotic Party (NPP) MP for Assin North, Abena Durowaa Mensah who was seeking re-election in the December 7, 2020 Parliamentary election.

Read also: NPP to challenge 7 parliamentary seats in court

One Michael Ankomah-Nimfa of Assin Bereku filed the petition at the Cape Coast High Court seeking to annul the declaration of James Gyakye Quayson as the MP-Elect for the Assin North Constituency.

Mr. Quayson, the NDC MP-elect, polled 17,498 votes against the NPP's, Abena Durowaa Mensah, who had 14,793 votes in the December 7, 2020 parliamentary election in the area.

In November last year, a group calling itself "Concerned Citizens of Assin North" petitioned the EC in the Central Region to withdraw the candidature of Mr. Quayson as they said he owed allegiance to Canada.

They therefore raised issues about he having dual citizenship contrary to the expressed provision of Article 94 (2) (a) of the 1992 constitution of Ghana, which states, “A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana.”

PHOTO: Abena Durowaa Mensah - the incumbent MP who was defeated by Mr Quayson.

Writer's email: enoch.frimpong@graphic.com.gh 

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