Abraham Amaliba, a member of the communication and legal team of the National Democratic Congress (NDC), has revealed that the notice of appeal on an application put forth by the Assin North MP, James Gyakye Quayson, before a Court of Appeal in Cape Coast, has been struck out but not dismissed.
He intimated that the case was struck out due to “non-compliance” with court procedures on the part of the Assin North MP. Mr Amaliba revealed that there is still a possibility the legal team might consider the “relisting” of the application before the court.
“The notice of appeal was struck out, it wasn’t dismissed… What it means is that, it is possible that a motion for relisting could be done and then the notice can be brought back again. So, as it is now, I wouldn’t say it’s all over yet because the lawyers are on their way and we await to hear what they have to say”.
Abraham Amaliba
His comments followed the ruling by the Court of Appeal in Cape Coast which struck out an application by the Assin North MP, James Gyakye Quayson, challenging the High Court’s decision that declared the 2020 parliamentary election as null and void. The ruling equally meant that the MP could not hold himself as a Member of Parliament, as adjudged by the High Court.
Mr Amaliba indicated that the party is currently waiting on its lawyers to “brief the party at a meeting” before any decision is taken. That notwithstanding, he intimated that the implication of the judgement could mean that the number of the opposition may dwindle if the seat is declared vacant until perhaps a new election will be conducted in the constituency and he loses the elections.
“As we speak now, that is the implication of the judgement. But this could change if we file for relisting of the notice of appeal and if other processes are filed”.
Abraham Amaliba
The private legal practitioner expressed that whatever the outcome may be, the MP is still eligible to contest and represent the party if the seat is declared vacant by the court.
“So, my understanding [and] from my research is that, he is a very popular person and it’s possible that when we repeat him, he will be able to annex the seat for us again”.
Abraham Amaliba
Commenting on whether the minority in parliament will request the Speaker to trigger the process for the Assin North seat to be declared vacant, Mr Amaliba insisted that “the NDC does not instruct the Speaker”. In this particular matter, he noted that the party is not a “judgement creditor”. As such, the NDC will not be taking it upon itself to be executing the judgement.
“The effect of the ruling is that he is no more a Member of Parliament as we speak now. But if processes are reactivated and is granted, then the matter is back on the burner. We do not instruct the Speaker to declare seat vacant. But the Speaker was right when he said that because the matter was on appeal, it was premature for him to be declaring the seat vacant. So, if no process is filed in court to reactivate the issues we are talking about; that’s the notice of appeal, then he can go ahead and declare it vacant. But if the processes have been activated, he still needs to wait till the final conclusion of those matters”.
Abraham Amaliba
Court of Appeal strikes out Assin North MP’s application
The Presiding Judge, Her ladyship Irene Charity Larbi on Tuesday, March 22, 2022, stated that the MP failed to comply with the court’s directive of making his written submission within the stipulated period of 21 days, commencing the day the application was filed in October 2021. Following this, the judge ordered that all applications before the panel in relation to the Assin North MP ought to be struck out.
It will be recalled that Mr. Gyakye Quayson went to the Court of Appeal in an attempt to overturn a High Court judgment nullifying his election as Assin North MP, removing him as a Member of Parliament and ordering a re-run of the poll in the constituency.
Prior to the commencement of proceedings, Lawyer for the Assin North MP, Tsatsu Tsikata, indicated to the court that they had filed three applications, one of which sought to disqualify the Presiding Judge from sitting on the case. However, the panel expressed that such applications were not before them and based on that, they would go ahead to deal with the matters before them.
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