The judge overseeing the case of James Gyakye Quayson, the Member of Parliament (MP) for Assin North, has rejected the request from his lawyers to suspend the ongoing trial until a judicial review application, submitted to the Supreme Court, is resolved.
Justice Mary Maame Ekue Yanzuh of the high court determined that the matter presented to the Supreme Court did not fall within the scope outlined in Article 130 of the 1992 Constitution. Consequently, the court was not obligated to halt the proceedings of the ongoing trial.
Article 130 of the 1992 Constitution specifies the exclusive jurisdiction of the Supreme Court. It states that the Supreme Court has the original authority to handle cases related to the enforcement or interpretation of the Constitution, as well as matters arising from the question of whether a law exceeds the legal powers granted to Parliament or any other authority by the Constitution.
The court’s decision highlighted that the judicial review application submitted to the Supreme Court concerned a decision made by the High Court, rather than involving an issue of constitutional interpretation as described in Article 130 (1 b).
This ruling represents a setback for James Gyakye Quayson’s legal team, as they aimed to pause the ongoing trial until the outcome of the judicial review application was determined. The MP for Assin North has been facing legal challenges regarding his eligibility to hold office due to concerns about dual citizenship.
The dismissal of the application by the court means that the trial will proceed without interruption, underscoring the significance of adhering to the Constitution and established legal procedures.
Given its potential implications for parliamentary eligibility and constitutional interpretation in Ghana, the case has attracted considerable attention.
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