Supreme Court stops Assin North MP from performing parliamentary duties
Assin North MP files for reviewSUPRW
Supreme Court violated article 129(2) of the constitution, Assin North MP
The Member of Parliament for Assin North has filed for a review to challenge the ruling of the Supreme Court on April 13, 2022.
On April 13, the Supreme Court in a 5-2 decision barred the Assin North MP from performing parliamentary duties.
This comes after a citizen of Assin Bereku, by name of Michael Ankomah Nimfah, on January 27, 2022, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high court judgment annulled his election due to the issue of dual citizenship on July 28, 2021.
The embattled Member of Parliament had appealed against the High Court judgment but was struck out for failing to file written submissions within the mandatory period.
Based on the Supreme Court ruling, the lawyers of the MP have applied for an order of review of this ruling.
In the document sighted by Ghanaweb, the lawyers stated the grounds of the application which said that, “the majority decision was in patent and fundamental error and violated article 129(2) of the constitution in assuming jurisdiction over the determination of the validity of the parliamentary election and proceeding to grant the application for an interim injunction.”
It also states that the majority decision violates articles 296(a) and (b) of the Constitution in exercising discretion unfairly and unreasonably,
“the decision to proceed with the hearing of application for the interim injunction brought under the High Court(Civil Procedure) Rules C. I 47 prior to the preliminary objection raised but the Applicant herein was per incuriam the binding precedents of Kogledx V. Attieh(2003-2004)1 SCGLR 75 and Ampofo v. Samampa(2003-20042 SCGLR11555, “ he further stated.
The reliefs sought by the Plaintiff in the writ are stated as follows: 1. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form between 5th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency the 1st Defendant was not qualified as a member of Parliament. 2. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the decision of 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Assin North Constituency when the 3rd Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic of Ghana.
3. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for the AssinNorth Constituency was unconstitutional.
4. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing-in of 1st defendant as a member of Parliament for the Assin North Constituency was unconstitutional, null, and void and of no legal effect.
Leave a Reply