The Supreme Court has justified it’s decision to have the name of James Gyakye Quayson expunged from parlaimentary records.
The apex court ruled that it did no wrong in ordering Parliament to expunge.
According to the court, there was no justified reason for it to set aside its decision which resulted in a second parliamentary election for the people of Assin North.
The decision of the court follows a review application filed by lawyers of James Gyakye Quayson.
The lawyers had gone back to the Supreme Court arguing that it committed basic errors of law in that decision.
The court had earlier ruled the MP was not eligible to contest the 2020 polls because he still owed allegiance to Canada at the time of filing his nomination forms.
Tsatsu Tsikata, the Legislator’s lead counsel, moved the review application on Tuesday.
He requested the court to overturn its ruling because it had resulted in a miscarriage of justice.
He added that instead of issuing such an order, the court could have simply ordered Mr Quayson to relinquish his position.
He further contended that the determination on when his eligibility requirements should be examined and whether allegiance constitutes citizenship was inconsistent with earlier Apex court decisions.
“It is also our submission that the two previous cases on which the court placed significant reliance, were misrepresented.
“The court totally misrepresented previous decisions of the court. For us to be saying that there has been total misrepresentation and for us to be justified necessitates the court to grant the review “
Attorney General Godfred Yeboah, however, opposed the arguments raised by lawyer Tsikata.
“You can say the court misapplied, used it wrongly but not to say misrepresented which imputed wrongful conduct”
He also pointed out that a review was not a chance to argue the case again but to demonstrate to the court.
In his view, an applicant requesting such a measure must show that there are exceptional circumstances which have resulted in a miscarriage of justice, discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him.
He insisted none of these hurdles had been crossed.
Lawyers for the resident (Michael Ankomah Nimfah) of Assin North who initiated this matter led by Frank Davies agreed with the Attorney General’s position.
He accused Mr Tsikata of misrepresenting the decision of the court.
The court in reaching a decision said the earlier decision instructing that the name if the MP be expunged was lawful.
The nine-member panel presided over by Chief Justice Gertrude Torkonoo added that the application filed was totally unmeritorious.
She added that the Quayson case was purely one interpretation of Ghanaian law with a focus on the legal status of the legislator.
She pointed out that Mr Tsikata was effectively re-arguing matters already canvassed before the court and that a review is not an appeal to merit a rehash of the same points.
The Chief Justice said the constitution of Ghana grants the Supreme Court the power to issue orders it deems necessary to give effect to its ruling.
“The application is dismissed as totally without merit,” she stated.
Other justices on the panel were Justices Mariama Owusu, Lovelace Johnson, Prof Henrietta Mensah Bonsu, Emmanuel Yonny Kulendi, Barbara Ackah-Yensu, Samuel Asiedu, George Kingsley Koomson and Ernest Gaewu.
By: Rainbowradioonline.com/Ghana
