The high court has dismissed an application by lawyers for the MP for Assin North, James Gyakye Quayson, seeking to stay proceedings at the high court pending the determination of an application he has filed for judicial review at the Supreme Court.
The high court, presided over by Justice Mary Maame Ekue Yanzuh, held that the application before the Supreme Court does not bother on the provision in Article 130 of the 1992 Constitution and to that end, the court is not bound to stay proceedings in the ongoing trial.
Article 130 of the 1992 constitution states that “subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in –
(a) all matters relating to the enforcement or interpretation of this Constitution; and
(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.
(2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.
The Court, on the strength of this provision, noted that the said application for judicial review before the Supreme Court is in respect of a decision of the High Court and not an issue of interpretation of any part of the constitution as provided for in Article 130 (1 b).
