The Assin North MP, James Quayson has today filed an appeal in court seeking to overturn the court ruling annulling his election as MP and further declare it as null and void.
In court today, the 2020 parliamentary candidate of the NDC for Assin North, appealed the High Court ruling annulling his election as MP on the basis that the court erred in its ruling and was also not based in law nor in fact.
This comes on the back of the Cape Coast High Court ruling against Mr. Quayson from holding himself as the National Democratic Congress (NDC) MP for Assin North and also ordering for fresh Parliamentary Elections to be held in the constituency.
The appellant, Mr Quayson also in his appeal prayed the court to set aside the judgement and the award cost against him for the petitioner, Michael Ankomah-Nimfa and the Electoral Commission.
He also asked the Court of Appeal to order costs in his favor and any further orders the court may deem fit.
Legal team to ensure justice prevails
Also speaking during a presser after the appeal was filed, the National Communication Officer for the NDC, Sammy Gyamfi, indicated that, the legal team of the NDC has studied the judgement and is keen on letting justice prevail.
“Since the decision was delivered, we through our lawyers have indicated that the decision is the travesty of justice and must not be allowed to stand. The legal team together with the leadership of the party and our able Member of Parliament [James Quayson] have taken time to go through the 64-page judgement of the trial court.
“We’ve resolved the issues that we believe flies in the face of the laws of this country and makes this decision a travesty of justice. And so, today, lawyers for the Assin North MP have filed a notice of appeal to challenge the decision of the trial court.”
Sammy Gyamfi
The grounds of appeal
Summarizing the grounds of appeal, Sammy Gyamfi indicated that, the decision was a travesty of justice and should be overturned by the court of appeal.
“The trial judge lacked jurisdiction to determine the matter. The matter bothers on the petition of the constitution and other meanings were put on article 94 which was at the heart of this case and per the laws of this country, the high court judge was bound to refer the matter to the Supreme Court to interpret same because such issues fall within their exclusive jurisdiction under article 130 of the 1992 constitution.”
Sammy Gyamfi
He also indicated that the trial court had no authority to determine the matter on the basis of foreign law without trial and without calling evidence.
We do not trust court’s registry
He further posited that the party executives attended today’s appeal to ensure that everything is done in accordance with law. This, he stated, is because they don’t trust the registry of the court.
He revealed that there are other processes the party will not disclose for now but when it’s done, will be addressed.
“You all know how unprofessional they have conducted themselves in the course of this matter. Right from the outset even when we sort an entire process to file an injunction which has been granted by this court as far back as 6th January till the shameful conduct they put up on the morning of the day the judgement was delivered.
“Clearly, you can see that they are politicians occupying faces here as judicial officers, who are working with the incumbent NPP to frustrate the legal team of the Assin North MP to tilt the case in their favor and so the leadership of the party has to come here to ensure that nothing untoward will be done in the filing process.”
Sammy Gyamfi
