The Cape Coast Court of Appeal has on Monday, December 13, thrown out the application for referral to the Supreme Court for interpretation of Article 94(2)(a) of the 1992 Constitution which was filed by the Member of Parliament for Assin North, James Gyakye Quayson.
The court also refused the Assin North MP’s application to file additional supplementary grounds of appeal.
The two applications which suffered dismissal were filed by the learned Lawyer Tsatsu Tsikata, counsel for the embattled Assin North MP.
This new twist to the case comes after the Assin North MP appealed for stay of proceedings after the trial Judge, Justice Kwasi Boakye dismissed an earlier application.
The case was called at the Court of Appeal in Cape Coast on November 19, 2021, with the petitioner, Michael Ankomah-Nimfah, present in court with his lawyers, Mr. Frank Davies and Mr. Bright Adjekum.
However, the Electoral Commission together with its lawyers were absent.
During proceedings on November 19, Lawyer Tsatsu Tsikata and Lawyer Justin Pwavra Teriwajah, who represented the Assin North MP, moved the motion for a number of constitutional questions to be referred to the Supreme Court.
Lawyer Frank Davies, who represented the Petitioner, Mr. Michael Ankomah-Nimfah, argued that the questions of law are not worth referring to the Supreme Court.
He further argued that the Cape Coast Court of Appeal is competent enough to make decisions on all the constitutional questions without referring them to the Apex Court.
The three-judge panel, comprised of Justices Irene Charity Larbi JA, Georgina Mensah-Datsa JA, and Yaw Darko Asare JA, refused to refer the constitutional questions to the Supreme Court as demanded by Lawyer Tsatsu Tsikata on behalf of the Assin North MP.
They went further to set Monday, December 13, 2021, as the day to rule on on the case.
The eligibility of Mr Quayson to be MP is currently a subject of a parliamentary election petition at the Cape Coast High Court.
The petitioner, Mr Michael Ankomah-Nimfah, a resident of the constituency, contends that the MP was not eligible to be MP 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.