Lawyers for embattled Member of Parliament for Assin North, James Gyakye Quayson have filed an Appeal against the Cape Coast High Court judgment that canceled the 2020 Assin North Parliamentary election that saw him being elected as MP.
According to the lawyers, the decision of the court was not based on settled laws and were in violation of the 1992 Constitution.
They are asking the Court of Appeal to overturn the decision of the Cape Coast High Court.
The writ was filed at the Court Complex in Cape Coast on Monday.
The Cape Coast High Court on Wednesday 28th July 2021, canceled the 2020 Parliamentary election held in the Assin North constituency which saw the opposition National Democratic Congress(NDC) candidate James Gyakye Quayson being elected as Member of Parliament.
The Court presided over by Justice Kwasi Boakye on Wednesday, July 28, 2021 ordered for a fresh election to be conducted in the constituency.
The court has also restrained James Gyakye Quayson from holding himself as the MP for Assin North constituency.
The petitioner, Michael Ankomah Nimfah, contended that Quayson held dual citizenship as a Ghanaian and a Canadian at the time of his election, and therefore must be restrained from performing the duties of a Member of Parliament.
Mr Quayson polled 17,498 votes as against 14,793 by the New Patriotic Party’s (NPP’s) Ms Abena Durowaa Mensah, in the December 7, 2020 parliamentary election.
However, on December 30, 2020, a resident of Assin North, Mr Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be a Member of Parliament.
He contended that the MP was not eligible on the basis that at the time he (Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.