The National Democratic Congress (NDC) has indicated that it will appeal the court ruling which has ordered for a Parliamentary re-election in the Assin North constituency.
The party’s Communications Officer, Sammy Gyamfi, has indicated that they will file two legal process which will be an appeal and a stay of execution application to challenge the court’s decision.
“Our lawyers will apply for a Stay of Execution of the orders of the trial judge and Appeal the flawed judgment ASAP. This travesty of justice will not be allowed to stand.”
Sammy Gyamfi
According to Mr. Gyamfi, a stay of execution will prevent the Electoral Commission (EC) from carrying out the judge’s orders of conducting a fresh election in Assin North constituency and barring James Quayson from holding himself as MP.
This follows a ruling by the Cape Coast high court restraining James Gyakye Quayson from holding himself as the National Democratic Congress (NDC) MP for Assin North.
The court chaired by Justice Kwasi Boakye also ordered for fresh parliamentary elections to be held in the constituency.
Ruling, fraught with errors of law
Sammy Gyamfi further posited that the court’s decision was fraught with many errors of law and have occasioned a gross miscarriage of justice to the people of Assin North.
“The decision by the trial judge that Hon. Quayson was not qualified to contest as MP in the December 2020 elections is contrary to section 20(1)(d) of the Representation of People’s Law, PNDC Law 284.”
Sammy Gyamfi
Mr. Gyamfi says although the party is ready for a by-election, they will insist on justice to be served in the matter.
“Let me put on record that the NDC is not afraid of any by-election. We are confident of victory in any by-election if we get to that stage. All we want is for justice to be done. And we will stop at nothing to ensure that justice is done.”
Sammy Gyamfi
He then condemned the court for the ruling and their efforts which prevented the Assin North MP’s lawyers from filing a formal application earlier in the day.
“Let me condemn, in no uncertain terms, the shameful manipulation of court processes by the Registrar, Ustaz Hamza of the Cape Coast High Court and other judicial officers of the Court that frustrated and prevented the filing of a formal application by lawyers of the Assin North MP this morning, for the trial Court to refer the Constitutional questions that have arisen in the conduct of the case to the Supreme Court for determination before proceeding to give judgement.”
Sammy Gyamfi
NDC to appeal for action against registrar and judicial officers
Sammy Gyamfi further disclosed that the NDC is determined to formally petition the Judicial Service for disciplinary action to be taken against the Registrar and other Judicial Officers of the Cape Coast High Court who engaged in the ‘shameful gymnastics’ earlier this morning.
He said such partisan and unscrupulous persons are not fit to serve in that respectable independent arm of government.