MICHAEL ANKOMAH-NIMFAH v JAMES GYAKYE QUAYSON & 2 ORS
April 13, 2022
CORAM
- E.Y. KULENDI V.J.M. DOTSE M. OWUSU N G. TORKORNOO PROF. H.J.A.N MENSAH-BONSU N.A. AMEGATCHER A.M.A DORDZIE
Areas of Law
- Constitutional Law
- Civil Procedure
- Equity and Trusts
April 13, 2022
CORAM
AI Generated Summary
In the Supreme Court of Ghana, Michael Ankomah-Nimfah sought an interlocutory injunction to restrain James Gyakye Quayson from acting as Member of Parliament for Assin North pending determination of a constitutional suit interpreting Article 94(2)(a). The application followed a Cape Coast High Court judgment declaring Quayson’s election “null, void and of no legal effect whatsoever,” and a prior interim injunction. Quayson raised a preliminary objection that the motion was incompetent for invoking High Court procedural rules without prior leave under Rule 5 of C.I. 16. Writing for the majority, Kulendi JSC dismissed the objection, holding that rules regulate procedure, not jurisdiction, and that under Article 129(4) the Supreme Court may adopt High Court rules to do justice. Applying settled injunction principles, the majority found a prima facie constitutional question, a subsisting High Court judgment defining the status quo, and that the balance of convenience and public interest favored an injunction. The Court granted the interlocutory injunction and directed expedited case management. Dordzie JSC dissented, urging that enforcement of the High Court’s orders was the proper remedy and that interim restraint was unwarranted; Amegatcher JSC concurred in dissent, emphasizing lack of irreparable harm and the risk of prejudicing constituency representation.
MAJORITY OPINION
KULENDI JSC:
INTRODUCTION:
This is an application for an order of interlocutory injunction pending the determination of a writ invoking this Court's original jurisdiction. The Plaintiff/Applicant (hereinafter called the "Applicant") is seeking an order to restrain Mr. James Gyakye Quayson, the 1st Defendant/Respondent (hereinafter called the "1st Respondent"), from holding himself out as a Member of Parliament for the Assin North Constituency, presenting himself before and/or attending Parliament to conduct the business of Member of Parliament pending the final determination of Applicant's suit.
BACKGROUND
The application under consideration is anchored on a writ which the Applicant caused to be issued on the 24th of January, 2022, invoking the original jurisdiction of this Court for the following reliefs:
1. "A Declaration that upon a true and proper interpretation of Article 94(2)(a) of
the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form between 5th - 9th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency the 1st Defendant was not qualified as a member of Parliament.
2. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of
the Constitution, 1992 of the Republic of Ghana the decision of the 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Assin North Constituency when the 3rd Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic of Ghana 1992.
3. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of
the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for the Assin North Constituency was
unconstitutional.
4. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing in of 1st defendant as member of parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.
5. Any further Orders and / or Directions as the Court may deem fit to give effect or enable effect to be given to the Orders of the Court."
The relevant antecedents to this application can be summarized from processes filed as follows: The 1st Respondent was elected Member of Parliament for the Assin North Constituency on December 7th, 2020