2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per a majority opinion authored by Kulendi JSC, granted an interlocutory injunction restraining James Gyakye Quayson from holding himself out as Member of Parliament for the Assin North Constituency, presenting himself, and/or attending Parliament pending determination of a constitutional action brought by Michael Ankomah-Nimfah. The Applicant seeks declarations on the proper interpretation of Article 94(2)(a) and the timing of disqualification for owing allegiance to another country. A preliminary objection that the motion was incompetent because it relied on the High Court Civil Procedure Rules (C.I. 47) without leave under Rule 5 of C.I. 16 was dismissed; the Court held that jurisdiction flows from the Constitution and Article 129(4) empowers it to adopt procedural rules. On the merits, the Court found a prima facie case, noted the subsisting High Court judgment declaring Quayson’s election null and void, and held that the balance of convenience and preservation of the rule of law favored interim restraint. Dordzie JSC and Amegatcher JSC dissented, urging enforcement in lower courts and finding no irreparable harm.
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 2020Parliamentary 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 is 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.