By Beatrice Oppon
The Supreme Court has affirmed its earlier decision annulling the election of James Gyakye Quayson as MP for Assin North.
The Court on May 17 declared the election of Mr Quayson as MP in the 2020 election unconstitutional and further ordered Parliament to expunge his name from its records.
A resident of Assin Breku, Michael Ankomah-Nimfah, brought the suit against Mr Quayson.
The Apex Court held that at the time Mr Quayson filed his nomination forms to contest as an MP, he did not qualify because he held dual citizenship.
Mr Quayson filed for a review of the Court’s decision, contending that it constituted serious errors of law. Counsel for the MP Tsatsu Tsikata submitted that the Court’s judgment constituted fundamental and basic errors of law, which justified an exercise of its power of review as provided by the Constitution.
He claimed that the nature of those errors was extremely serious.
He contended that the order to expunge the name of Mr. Quayson from Parliamentary records was made without giving him a hearing as mandated by natural justice.
He further submitted that the Supreme Court misrepresented the previous decisions it made reference to in its judgment which must not be taken lightly.
Attorney General, Godfred Yeboah, opposed the review application. He argued that the applicant failed to demonstrate any fundamental or basic error of law committed by the Apex Court under Article 2 Clause 2 of the Constitution.
He further contended that it was totally inappropriate for Mr Tsikata to state that the Supreme Court misrepresented a previous judgment and thereby set it down as grounds for review.
He described the conduct of Mr. Tsikata as improper in that regard.
The Attorney General urged the Court to dismiss the application on the grounds that it was frivolous and did not satisfy the threshold for Review Application.
Lawyer for Mr. Ankomah-Nimfah, Frank Davies, agreed with the submission by the Attorney General to dismiss the review application.
