The daily trial of James Gyakye Quayson, the Member of Parliament (MP) for Assin North Constituency will start on Friday, July 14 2023, after the High Court in Accra declined his motion for Stay of Proceedings.
Lawyers of the Assin North MP per the motion filed on June 27 and moved on July 6 asked the High Court presided over by Justice Mary Yanzuh to halt the trial until the Court of Appeal determined their appeal against the order for day-to-day trial.
Mr Tsatsu Tsikata who is the lead counsel for James Quayson argued that the High Court made five errors of law when it refused their motion for variation or review of the orders.
The request was opposed to by the Attorney General Godfred Yeboah Dame on grounds that it was unnecessary, and one meant to distort facts.
By Court
Ruling on the motion on Tuesday, July 11, Justice Yanzuh said the applicant (James Quayson) did not demonstrate that there was exceptional grounds and especially one that could caused him an irreparable damage when the motion was refused.
The court said it was unable to agree with the submission of the applicant and the fact that though the applicant believe his appeal will succeed based on the said errors made, it is not an exceptional ground.
Justice Yanzuh also ruled that, the mere idea that there has been misdirection can also not be an exceptional ground.
On the contentions on the supplementary affidavit which was admitted during the submissions for the motion for variation but deemed as irrelevant in the ruling, the court said it has no basis.
Justice Yanzuh said the fact that the court admitted a statement does not mean there is an evidential value of it.
The court again said, it did not see how the Notice of Appeal would be rendered negatory if the Stay was refused.
The court also noted that the said by-election has since been conducted and accused has been sworn-in per a letter from parliament.
Justice Yanzuh said she did not see the irreparable damage that the applicant will suffer in a daily trial as per the order of the court.
She ruled that, the court had a discretion to adjourn cases and court determines the merit of motions that are put before it.
She said the court dispense Justice in accordance with truth and consider issues before it and not comments made elsewhere.
Consequently, the motion for Stay of Proceedings was refused and the case adjourned to July 14.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that Lawyers of James Gyakye Quayson led by Tsatsu Tsikata will seek a Stay of Proceedings at the Court of Appeal.
Charges
Mr Quayson has pleaded not guilty to five charges which comprised of deceit of the Public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury and false declaration for office.
He has been granted bail and standing trial with first prosecution witness facing further cross examination from Defense Lawyers.
Attendance
As previously advertised, Dr Cassiel Ato Forson, the Minority Leader led a huge number of NDC MPs to Court.
Some of them are – Dr Dominic Aryeni, Emmanuel Kofi Armah Boah, Governs Agordzo, Comfort Doyoe Ghansah, Francis Xavier Sosu, Alhaji Collins Dauda John Abu Jinakpo, Samuel Okudzeto Ablakwa alongside Abraham Amaliba Director of Legal Affairs of NDC.
Peter Mac Manu and Transport Minister for the interested party from the New Patriotic Party.
Brief facts
James Gyakye Quayson is standing trial for perjury, forgery and other counts of criminal nature pertaining to his Ghanaian passport and eligibility to contest in the 2020 general elections.
The Republic’s case against Hon. Gyakye Quayson is that he lied on his passport application form filled on July 26 that he was not a dual citizen and that he held only Ghanaian citizenship.
This was in spite of the fact that he was yet to renounce his Canadian citizenship issued on 30th October 2016.
Further to this infraction against the law, Hon. Quayson also submitted forms to the electoral commission declaring that he only held allegiance to the Republic of Ghana.
This was despite knowing that the application to renounce his Canadian citizenship had not yet been granted by the time he filed his eligibility papers with the electoral commission on or between 5th and 9th October 2020.
Richard Takyi, a resident of Yamoransa in the Central Region prayed a High Court in Cape Coast to cancel Hon. Gyakye Quayson’s electoral victory because he was not eligible to have taken part in the elections.
The matter travelled all the way to the Supreme Court which upheld the ruling of the Cape Coast court. The apex court of the land subsequently ordered Gyakye Quayson to be removed from Parliament occasioning a by-election.
The National Democratic Congress in spite of the criminal prosecution he faces repeated him as the candidate for the election which he won. He has since been re-sworn in as the Member of Parliament for Assin North while his trial proceeds.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
