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Supreme Court dismisses Assin North MP’s application for Article 94 interpretation

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The Supreme Court has unanimously dismissed an application filed by embattled Assin North MP, James Gyakye Quayson to quash a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.

The five-member panel, also dismissed by a majority decision of 3-2, another application from Mr. Quayson for a stay of appeal proceedings at the Appellate Court and for referral of article 94 (2) (a) of the 1992 Constitution to the Supreme Court for interpretation.

The panel is composed of Justices Gabriel Pwamang as President, Agnes Dordzie, Gertrude Torkornoo, Clemence Honyenuga and Yonny Kulendi.

His Lordship Gabriel Pwamang and Her Ladyship Agnes Dordzie held the dissenting opinions in that 3-2 majority decision.

Mr. Gyakye Quayson went to the Court of Appeal in an attempt to overturn a High Court judgment nullifying his election as Assin North MP, and consequently removing him as a member of Parliament and ordering a re-run of the poll in the constituency.

While at it, however, the disputed Member of Parliament proceeded to the Supreme Court, applications in hand, to quash the appellate court’s decision not to refer the said contentious constitutional provision for interpretation.

He also asked the apex court to order a stay of the appeal proceedings and to refer to itself for constitutional interpretation, the said article 94(2)(a).

The Constitution in article 94 (2) (a) disqualifies a person who owes allegiance to a country other than Ghana from becoming a Member of Parliament. Mr. Quayson’s lawyers have insisted right from the trial court that the provision needed interpretation.

With this latest decision, James Gyakye Quayson will go back to the Court of Appeal for the continuation of his appeal hearings.

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