A nine-member panel of the Supreme Court has unanimously dismissed a review application filed by James Gyakye Quayson, Member of Parliament for Assin North seeking to overturn the decision of the apex court to expunge his name from the records of Parliament.
The apex court ordered Parliament to expunge his name from the records of Parliament after delivering a judgment nullifying all processes leading to his election and swearing-in.
His lawyers filed the review application and a substituted statement of the case on June 29 and July 5, respectively, on the grounds that the decision of the court was against a previous binding decision of the court and made up of fundamental and basic errors.
In his arguments on Tuesday, July 25, lead counsel for the applicant, Tsatsu Tsikata, argued that the order to expunge the name of his client was against the rules of natural justice as his client was not heard on the matter.
He also argued that the right order to have been given was for the court to order his seat to be declared vacant rather.
He also argued that the court misrepresented previous decisions of the court which were relied on in making a determination that Gyakye Quayson, by holding a Canadian citizenship at the time of filing his nomination, was against Article 94(2)(a) of the 1992 Constitution.
Attorney General Godfred Yeboa Dame, however, opposed the application on the grounds that no errors were contained in the decision of the court.
He also took issue with arguments by Tsatsu Tsikata that the court misrepresented previous decisions of the court.
In his view, it is unacceptable for Tsatsu Tsikata to say that the court misrepresented itself, as it impugns malice on the part of the bench. He further contended that the court did not make any error in law.
Lawyer for Michael Ankomah Nimfah, Frank Davies also opposed the application arguing that Tsatsu Tsikata rather misrepresented the cases relied upon by the judges.
He also took issue with Tsatsu Tsikata claiming the Supreme Court misrepresented the cases.
The nine-member panel chaired by Chief Justice Gertrude Torkonoo dismissed the application as without total merit.
