US based Ghanaian lawyer, Professor Kwaku Asare popularly known as Kwaku Azar has criticised the ruling of the Supreme Court restraining James Gyakye Quayson from holding himself as Member of Parliament for Assin North.
According to the lawyer, the Supreme Court played ball with the manipulation of the court process by the applicant.
The Supreme Court in a 5-2 majority decision granted an interlocutory injunction sought against Mr. Gyakye Quayson by one Michael Ankomah-Nimfa, a resident of the constituency, thereby denying the people of Assin-North of representation in parliament in the interim. Mr. Ankomah-Nimfa argues that Mr. Gyakye Quayson held a dual citizenship as of the time he was filing his nomination to contest in the 2020 elections.
“We are of the considered view that the instant application has merit and same is hereby granted as prayed. The 1st Respondent is hereby restrained from holding himself out as Member of Parliament for Assin North Constituency, presenting himself, and/or attending before parliament to conduct the business of a Member of Parliament pending the determination of this Suit” excerpts of the ruling read.
Speaking to Starr News, Professor Kwaku Asare said the applicant who has sought an interpretation of Article 94 2(a) at the Supreme Court was merely a façade to secure the injunction against the MP for Assin North.
“Understand that what the plaintiff is doing is just a tactical maneuver because the plaintiff is not so much interested in the meaning of Article 94 2(a ) of the 1992 constitution. If it was it would have gone to the Supreme Court earlier. Rather what the plaintiff is seeking to is to truncate the appeal right of the 1st defendant because the defendant has the right to appeal the High Court judgement in the court of Appeal”.
He continued “But the plaintiff by going to the Supreme Court and maybe the plaintiff thinks they have a friendly bench at the Supreme Court so if we go to the Supreme Court we can get an injunction and if we get an injunction then the matter is done, we cut out the Court of Appeal and then we terminate the defendants right to appeal at the Court of Appeal. It is tactical maneuver that the in my mind the Supreme Court should have seen through that in my mind is dangerous and that should not be allowed to stand”.
Professor Asare added that, rulings such as these are what prompted the admonishment of the National Security Minster to the judiciary
“This is why last week, the National Security Minister advised the judiciary to be careful not to tilt the decision not too much in their favour even when the fact are such that the facts don’t favour the decision that they are making”.
He further stated that it was a shame the SC among others ignored precedents on injunctions and played ball with the manipulation of the court process by the plaintiff
“Here is a court that is trying too hard to get involved a political battle between a constituent of Assin-North and the duly elected MP of Assin North. Here is a court that is now turning itself into a court of enforcement for the High Court. Here is the court that has set all precedents on injunctions aside and here is the court that basically has set aside the usual respect that it gives to the EC’s decisions. It was a complete abuse of (court) process, it was a manipulation of the Supreme Court and the Supreme Court played ball with the applicant. That’s a shame”. Professor Asare concluded.