The Supreme Court will on Tuesday, March 01, hear the motion seeking to restrain James Gyekye Quayson, Member of Parliament for Assin North, from holding himself as a legislator.
The court also directed the Registrar to submit a report on an alleged assault of the bailiff of the court, who attempted serving the MP at his office in Parliament.
The said report is to be forwarded to the Chief Justice for further investigation.
Quayson was, however, absent in court.
The court turned down an invitation of Mr Tsatsu Tsikata who decided to act as an “amicus curia” -a friend of the court in the motion for an injunction.
“We don’t think we need an amicus curia at this stage,” the seven-panel presided over by Justice Victor Jones Dotse, said.
Tsikata had informed the court he could be of assistance to the court after hearing that Quayson had not been served after several attempts were made.
He told the court Quayson was in chambers attending to some urgent matters, hence he could not be in court.
Serving the Assin North MP
When sitting resumed at the apex court of the land, the Registrar of the court informed the seven-member panel that officials of the court had made two attempts to serve the embattled MP but the same had proved futile.
According to the Registrar, the Bailiff on February 1, this year, went to the MP’s office in Parliament House, and soon after the bailiff had introduced himself and started his mission, he was informed that the MP had indicated that he did not want to see him so he should leave his office.
The Registrar, Mr Mathew Antiaye, said the bailiff informed him that the Personal Assistant of the MP then allegedly called the bodyguard of the MP to ‘throw him out after manhandling him.
The second service was done through the High Court in Assin Fosu on February 3, this year, the Registrar told the court.
He said the bailiff of the Assin Fosu, Francis Kumi, went to the house of the MP in Assin Breku and met the caretaker of the house.
The Registrar said the caretaker informed the bailiff of Assin Fosu that the MP had travelled to Accra, and he could not tell when he would return.
Mr Frank Davies, who represented the Plaintiff, Mr Michael Ankomah Nimfah, said Quayson had still not been served and that they were going to advise themselves.
Mr Godfred Yeboah Dame, the Attorney General, indicated that the accused, based on constitutional provisions, could be served anywhere in the country.
The Attorney General, therefore, prayed the court to apply the provisions under Article 117 of the 1992 Constitution.
The seven-member panel, therefore, entreated the parties to exercise restraint because there was an appeal pending at the Court of Appeal and the privileges of the MP.
James Gyakye Quayson case
A Cape Coast High Court had earlier ruled that Mr Quayson was not eligible to contest December 7, 2020, Parliamentary Election because he held dual citizenship before picking the nomination form from the Electoral Commission of Ghana.
The Court further ordered the MP to stop holding himself as MP for the area and directed that a fresh election be held.
The MP, however, filed a stay of execution at the Court of Appeal.