Accra-Ghana, July 20, GNA – The Court of Appeal has upheld the decision of the High Court to proceed with the trial of James Gyakye Quayson, MP for Assin North, following the dismissal of Stay of Proceedings filed by the MP.
Mr Tsatsu Tsikata, Counsel for Mr Quayson, earlier moved a motion for the High Court presided over by Justice Mary Yanzuh to stay proceedings pending the determination of an appeal filed against the Court’s ruling to vary the hearing of the trial on the day-to-day basis.
On July 6, lawyers of James Quayson led by Tsatsu Tsikata moved a motion for the High Court presided over by Justice Yanzuh to stay its proceedings pending a determination of appeal they had lodged against the ruling not to vary the day-to-day hearing.
But that request was refused by the Court.
A three-member panel presided by Justice Henry Anthony Kwofie ruled that no exceptional circumstances had been made for the Court to grant the applicant’s request.
The panel said comments made by the Attorney-General and President Nana Addo Dankwa Akufo-Addo said to be prejudicial were extra judicial comments, which the judge did not consider when making the determination.
Justice Yanzuh earlier ruled that the applicant did not demonstrate any exceptional grounds for which the stay should be granted.
She said there would not be any irreparable damage caused if the application was refused.
The Judge said the power of the Court to stay of proceedings was discretionary, and the discretion was not to be exercised arbitrarily and capriciously, but in accordance with due process.
She said the discretion to stay must only be exercised in exceptional circumstances where irreparable damages would occur.
Months ago, the Supreme Court nullified Quayson’s election as the Member of Parliament for Assin North for holding a Canadian citizenship alongside being a Ghanaian at the time he filed his nomination to contest the election in 2020.
But a by-election conducted by the Electoral Commission, got him reelected as the MP for Assin North Constituency.
He now faces charges of perjury and deceiving a public officer at the High Court.
