The Supreme Court has fixed March 16, to hear the matter seeking to restrain the Member of Parliament for Assin North, James Gyekye Quayson, as a legislator.
The court has, therefore, ordered Quayson to respond to the court processes by March 16.
The court in a 6-1 majority, held that a letter written by the MP’s lawyer, Mr Justice Terry Waja, indicated that Quayson was aware of the court processes.
Additionally, the court held that the essence of a substituted service was to bring to the attention of parties of a pending case.
“The respondent should response to the process of the court,” it ruled.
The Supreme Court on February 22, this year, ordered that Quayson should be served through a substituted service by publishing the court’s processes in a national newspaper.
It further directed that the court processes be pasted on the gates and walls of the MP’s residence.
The court processes were also to be pasted at the Supreme Court and Assin Fosu High Court.
When sitting resumed at the apex court on Tuesday, Mr Tsatsu Tsikata indicated that the days for the hearing of the matter was not matured.
According to him, the respondent shall be deemed served, seven days after publication, adding that looking at the dates of the publication, the seven days had not elapsed.
He noted there were some confusion surrounding the publication of the substituted service.
Mr Tsikata noted that not all the court processes had been published in the Daily Graphic newspaper.
Mr Godfred Yeboah Dame, the Minister of Justice and Attorney General, noted that Mr Terry Waja’s representation as counsel for Quayson answered issues emerging at the court in relation to the orders given by the court on February 22, 2022.
The seven-member panel on February 22, this year, gave the orders after it had upheld an application for an injunction by Mr Michael Ankomah Nimfah, a resident of Assin Breku.
Mr Nimfah secured a judgement at the Cape Coast High Court nullifying the election of Quayson on the grounds that he held Canadian citizenship.
He, therefore, sought an injunction from the apex court restraining him from holding himself as MP.
The plaintiff’s case was that despite the judgement of the Cape Coast High Court, Quayson continued to hold himself as MP for Assin North.
He further sought an interpretation of Article 94(2) (a) of the 1992 Constitution, which prevented a person holding allegiance to another country from contesting as an MP in Ghana
