The Supreme Court has on April 13, 2022, barred the Member of Parliament (MP) for Assin North, James Gyakye Qyayson, from performing his parliamentary duties.
The Court, in a majority 5-2 decision, ruled that James Gyakye Quayson can no longer carry himself as MP for Assin North.
This decision holds until the determination of the substantive case filed against him at the Supreme Court.
Lawyer for the petitioner in the case against the Assin North MP says the constituents are better off without a representation in Parliament because having an illegal person to lead them will be at their own disadvantage.
He argued that the right of representation is not a stricture by itself but one that is steeped in law; hence, it was all wrong for the embattled lawmaker to have attended to parliamentary business.
“An illegible person running around as a Member of Parliament for a constituency when he is not; it obviously leads to a mutilation of the sovereign will of the people of Assin North.
“They are better off now without someone who is parading as a Member of Parliament whilst he is not, whilst we await the decision of this Court,” he told the media after the Supreme Court ordered the MP on Wednesday to stop performing parliamentary duties.
One Michael Ankomah Nimfah, a resident of the Assin North constituency had applied to the Supreme Court, saying Mr. Quayson’s continuous stay in office despite a High Court Judgment annulling his election offended the 1992 Constitution of Ghana.
According to him, the MP’s action was not fair to the people of Assin North and frowns on the 1992 Constitution of Ghana.
His application to the SC follows a Cape Coast High Court ruling in July 2021 that nullified the election of Mr. Quayson after it found he owed allegiance to Canada when he filed his nomination to contest as MP in 2020.
The plaintiff had thus asked the apex court to enforce the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.
The plaintiff’s application was supported by the Attorney General, Godfred Yeboah, who is also of the opinion that the continuous stay of the legislator in Parliament is a breach of the constitution that cannot be allowed to fester.
“On account of the uncontroverted facts of this case. It clearly indicates that the court is faced with the patent case of unconstitutionality each passing day.”
