The Supreme Court has dismissed a review application filed by the injuncted Member of Parliament (MP) for Assin North James Gyakye Quayson.
The Court unanimously dismissed the application on grounds that Mr Quayson did not meet the threshold for the court to exercise its discretion in his favour.
Mr Quayson, who has been restrained from holding himself as an MP, was seeking a review of the Supreme Court’s decision last April 13.
The Court in a 5-2 majority granted orders of interlocutory injunction against Mr Quayson preventing him from performing his Parliamentary duties until the determination of a substantive suit filed by one Michael Ankomah Nimfah, who is urging the court to declare his election as an MP invalid.
The embattled MP claimed that the ruling of the court constituted a patent and fundamental error and that the apex court violated Article 129(3) of the Constitution in assuming jurisdiction over the suit determining the validity of Parliamentary elections and proceeding further to grant an injunction. In view of that, he argued that it was enough grounds for the court to review its ruling to ensure that justice was served.
The substantive suit filed by Mr Nimfah which is seeking interpretation of Article 94(2a) of the Constitution had to be adjourned to July 12 because a member of the panel was informed of the death of her father.
Chief Justice Kwesi Anin Yeboah announced this and said in view of the need to expedite hearing of the case, he might consider substituting the panel member with another judge if by the next adjourned date, she is still not emotionally stable to continue with the hearing. Another application filed by Mr Quayson to quash the decision of the Court of Appeal at Cape Coast in striking out his appeal against the judgment of the Cape Coast High Court also suffered an adjournment.
Speaking after the Court proceedings Deputy Attorney General Diana Asonaba Dapaah said the dismissal of the review application is in place because Mr Quayson failed to meet the requirements necessary for a review. She also expressed condolences to the bereaved panel member.
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