Ghana: Assin North MP Files Motion for Review of Supreme Court Ruling

19 January 2023

Lawyers of the Member of Parliament for Assin North Constituency, James Gyakye Quayson have filed a motion seeking the Supreme to review its November 22, 2022 ruling that dismissed a certiorari application filed by the MP.

Mr Tsatsu Tsikata, the lead counsel for Mr Quayson went to the Supreme Court to challenge the decision of the Accra High Court where the Attorney General is conducting criminal proceedings against his client.

In July 2022, Mr Tsikata raised a preliminary legal objection and questioned the competence of the first prosecution witness, Richard Takyi-Mensah.

But the trial high court judge, Justice Mary Maame Ekue overruled the objection, noting that the witness was competent to give testimony.

Displeased by the decision of the court, Mr Quayson filed two motions in the nature of certiorari and prohibition, to quash the ruling of the high court and bar the judge.

I dismissing the motion on November 30, a five-member panel of Supreme Court judges presided over by Justice Jones Victor Dotse dismissed the motion filed by Mr Quayson.

The court held that motion for certiorari and prohibition had no merit.

When the case was called yesterday, an enhanced seven member panel adjourned to March 1 for hearing.

This was after counsel for the applicant, Mr Tsikata had asked for time to enable him to file additional grounds to his client's case because of the delay in receiving the full ruling of the court.

He said the court had indicated after the ruling on November 30, last year that the full decision was going to be ready on December 6.

However, they only received the full ruling on January 16.

The Director of Public Prosecution, Mrs Yvonne Atakora Obuobisa said the office of the Attorney General received the ruling on January 17 and would want to file prosecution's statement of case.

Consequently, the court directed the applicant to file additional grounds and any other processes by February 15, while the prosecutor was asked to file its response by February 22.

The State had on February 12, last year, charged Mr Quayson with five counts of deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.

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