A member of the Legal team for the embattled Assin North MP, Baba Jamal is optimistic that the NDC has a chance to succeed in the case against the Assin North MP.
The legal practitioner contended that despite the Supreme Court’s ruling against his client, the case is nowhere near completion.
Speaking on The Pulse, Wednesday, Baba Jamal expressed surprise over the ruling by the apex court.
“It’s very far from over. The Supreme Court’s decision today is a sad day for our democracy. Sad day because I am surprised that the Supreme Court, knowing very well that there are substantive issues going on in the court, even in its own conclusions, it stated that the substantive case which is about interpreting Article 94, is before them and also knowing that we have filed appeal processes at the Appeals court, will go ahead and grant this injunction,” he wondered.
According to him, the ruling of the Supreme Court means that the people of Assin North have been denied “the opportunity to be represented in Parliament”.
He emphasised that as far as the party has a substantive appeal against the decision of the Cape Coast High Court, there cannot be a conclusive position that James Gyakye Quayson has lost his seat.
“The MP has just been injuncted. If you are injuncted, it does not mean you have been kicked out completely. What it means is that for now, you cannot hold yourself as an MP or you cannot attend Parliament, but there are substantive cases before both the Appeals Court and the Supreme Court,” he added.
He is of the view that as far as there was not a unanimous decision by the Judges of the apex court, the party still has a chance of success.
“Today’s decision at the Supreme Court was five against two. That alone tells you that there is some chance of success when we go ahead. This was not unanimous, it means that at least two out of the seven Judges might have agreed with us that our position is the right position. So if anybody is talking about saying that we should just prepare for by-election, whatever it is, it now has to go through the process of even going to Parliament, from Parliament to EC before even whatever will happen will happen,” he noted.
He revealed that the legal team of the Assin North MP will meet to determine the necessary steps and processes.
The Supreme Court on Wednesday in a majority 5-2 decision, ruled that Assin North MP, James Gyakye Quayson, can no longer perform Parliamentary duties.
This is until the determination of the substantive case filed against him at the Supreme Court.
“The application succeeds. The MP is restrained from holding himself as MP for Assin north and restrained from attending Parliament to conduct business on behalf of the people of Assin north.
“The restriction remains until the final determination of the substantive matter. We direct that the case hearing be expedited, “Justice Dotse ruled.
A Cape Coast High Court in July, 2021 nullified the election of Mr. Quayson after it found that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.
Michael Ankomah Nimfah, a resident of the constituency who filed this election petition in January, 2022, initiated another action at the Supreme Court.
He urged the Court to give effect to the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP from performing parliamentary duties.
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