The Supreme Court has in a 9-0 unanimous decision dismissed a review application filed by the deposed National Democratic Congress (NDC) Member of Parliament (MP) for Assin North James Gyakye Quayson.
Embattled Quayson had filed the application, praying the highest court of the land to set aside its March 8, ruling that ordered him to file his defence in a case seeking to stop him from holding himself as an MP.
It would be recalled that the Apex Court on February 22, 2022, directed that court processes be brought to the attention of the evicted MP through a publication in the Daily Graphic newspaper and posting on the wall of the Supreme Court in Accra as well as the High Court in Cape Coast and the residence of the MP.
The directive was after the private citizen who filed the case against the MP, Michael Ankomah Nimfah through his lawyers told the court all attempts to give the MP court documents had proved unsuccessful.
Substantive case
In July, 2021, the High Court in Cape Coast annulled the Assin North Parliamentary elections when it ruled that Mr Quayson owed allegiance to another country other than Ghana at the time of filing his nomination forms to contest the polls.
The ousted MP has since been fighting to set this aside at the Court of Appeal.
However, Lawyers for Mr Nimfah want the MP restrained from performing Parliamentary duties while they await the decision of the Court of Appeal.
In Court on March 8, lawyers for the MP led by Tsatsu Tsikata informed the court that its order for substituted service had not been fully complied with.
According to him, the publication in the Daily Graphic did not contain all court processes but simply had the order of the court and the date for hearing.
Lawyer for Mr Nimfah, Frank Davies told the court a misunderstanding of its order in respect of the Daily Graphic Publication does not mean the evicted MP is not aware of court processes.
He explained that the order modes of service had been complied with.
The court then took notice of the fact that court processes had been given to Mr Tsikata’s Co-Counsel Justin Teriwajah.
The Court was informed by the Registrar that it provided the necessary documents because of a letter it received from Mr Teriwajah informing the registry of his appointment as the lawyer for the legislator.
Attorney-General and Minister for Justice Godfred Yeboah Dame also argued that the said letter written by the lawyers and subsequent receipt of documents meant sufficient notice of the case had been given.
The Court by a unanimous decision dismissed the objection raised by Mr Tsikata.
“The essence of substituted service is to bring to the attention of a party of the pendency of the suit. This court does not expect all processes to be published. Again, the letter by Mr Teriwajah speaks for itself. We, therefore, dismiss the preliminary objection.
“On the issue of whether this case is ripe for hearing this court in a majority decision of 6-1 with Justice Kulendi dissenting holds that the first accused was duly served as at 28 February 2022.
“The cause is adjourned to 16 March 2022 for hearing. The First defendant is to file all processes on or before March 16.”, President of the Panel Justice Dotse ruled.
Tsikata’s applications
Mr. Tsikata on Wednesday March 16,2022 informed the court that he had filed two applications.
One seeks to urge the court to halt proceedings while another is asking that it reviews its March 8 ruling.
The court therefore adjourned proceedings to deal with these applications on March 29.
On Tuesday March 29, Mr. Tsikata informed the court of a new application he had filed.
This was urging the court to permit him to file additional documents in support of his review motion.
This was granted by the Court after which he then made another request asking the court for time to study documents that had been filed in opposition to his review application.
However, this was not granted by the court.
Consequently, Mr. Tsikata moved his review application and urged the court to set aside its March 8.
He claimed that court sinned against its time-tested rulings on similar matters.
Application opposed
Lawyer for Michael Ankomah Nimfah, Frank Davies opposed the application.
He insisted Mr. Tsikata had failed to show how the decision of the court resulted in a miscarriage of justice to merit a review of that decision.
The Court adjourned proceedings April 5 to deliver its ruling.
Application lacks merit
Giving the ruling of the Apex Court yesterday, Justice Jones Dotse said the “The application lacks merit and is accordingly dismissed”.
He indicated that the detailed reasons for the court’s position will be filed at the Court’s registry.
The case is being heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
Prof Ashie Kotey and Justice Clemence Honyenuga are the two judges that joined the original 7-member panel for yesterday’s review.
