The Cape Coast High Court III has placed an interlocutory Injunction restraining Mr James Gyakye Quayson from holding himself to be sworn in as Member of Parliament-Elect for Assin North Constituency on Thursday, January 7, 2021.
Mr Quayson will have to wait until the final determination of the substantive case filed against him.
Justice Kwasi Boakye, Presiding High Court Judge who issued the order on Wednesday granted the injunction in a 30 minutes ruling at the fully packed and tensed Court.
In his ruling, Justice Boakye said the people of Assin needed a representation and the result of the election was not in contention but the basis of the respondent’s eligibility to contest the election was under attack.
The petition was filed by one Mr Michael Ankomah Nimfa of Assin Bereku, challenging the eligibility of Mr Quayson’s candidature as he is said to be holding dual citizenship contrary to the express provision of Article 94 (2) (a) of the 1992 constitution of Ghana.
That article states: “A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana.”
He said Mr Quayson, started the process of renouncing his Canadian citizenship in 2019 but received his renunciation certificate in November 2020.
However, Justice Boakye, said by the instance of justice and fairness, the application on the article in the case , that is the Constitutional Provision (Article 94 (2) (a), it was clear enough that one should not hold himself to contest if he or she does not qualify to do so.
He therefore granted the petitioner’s application against the MP-Elect pending the final determination of the substantive case.
Mr Quayson was represented by Mr Abraham Amaliba and Samuel Adu Yeboah.
Mr Yeboah in an interview expressed his disappointed over the ruling.
The petitioner was represented by Messers Garry Nimako and Frank Davies.
There was a charged atmosphere at the Court premises amidst heavy security presence after the ruling as supporters of the MP -Elect rained insults and curses on the Petitioner and his alleged cronies.
Mr Ustarz Hamza, the Cape Coast High Registrar and his staff, had to quickly leave their offices for fear of their lives.
A fire tender was positioned at a vantage point while armed police personnel and Fire Service men numbering about 100, patrolled to quickly stop any chaotic scene.
Some of the supporters mostly clad in red, dragged their buttocks on the floor amidst curses and threatened to deal with the petitioner for ‘touching’ their MP.
They did not understand why they have voted for an MP of their choice but were being denied their right. – GNA