The lawyers for embattled former Assin North MP, Joe Gyakye Quayson have filed a Notice of Appeal in Cape Coast, following the annulment of the 2020 Parliamentary election.
According to the lawyers, the decision of the Cape Coast High Court was not based on settled laws and was in clear violation of the 1992 constitution.
The court, presided over by Justice Kwasi Boakye, on Wednesday, 28 July 2021, ordered a fresh poll to be conducted in the constituency.
The judge said Mr Quayson, as of the time he filed to contest the election, held allegiance to another country – Canada.
Mr Quayson held dual citizenship contrary to Article 94 (2) (a) of the 1992 Constitution of Ghana, which states: ‘A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana’.
But in a notice of appeal filed on Monday, 2 August 2021, at the Court of Appeal, Cape Coast, Mr. Quayson said the ruling delivered by the High Court was neither based in law nor in fact.
He is, thus, asking the Court of Appeal to set aside the orders and costs awarded in the said High Court judgment.
The NDC has also petitioned the Judicial Service to punish the Registrar of the Cape Coast High Court and others, who they say frustrated them when they wanted to file processes at the court on Tuesday.
He is seeking the following reliefs:
1. A declaration that the judgment of the High Court, Cape Coast, Coram Kwasi Boakye J. dated 28th July 2021, is void for having been issued out of jurisdiction.
2. An order setting aside the judgment of High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021.
3. An order setting aside the award of costs against the appellant and in favour of the petitioner/respondent and the 2nd Respondent/Respondent
4. Costs in favour of the appellant.
5. Any further or other order(s) the Court may deem fit.