By Morkporkpor Anku
Accra, July 12, GNA – An Accra High Court has dismissed an application for stay of proceedings filed by lawyers for Mr James Gyakye Quayson, the Member of Parliament (MP) for Assin North Constituency.
The motion for stay of proceedings was to allow for the Court of Appeal to hear an appeal he filed to review a decision by the High Court to hear the trial on a day-to-day basis.
Meanwhile, Mr Tsatsu Tsikata, Counsel for the MP, informed the Court that they intended to repeat the dismissed motion at the Court of Appeal, pending the appeal filed by the accused person.
Justice Mary Yanzuh said the applicant did not demonstrate any exceptional grounds for which the stay should be granted and that there would not be any irreparable damage caused if the application was refused.
She said there was no rule that bound the court to stay proceedings merely because an appeal has been filed against its decision.
She said the power of the court to stay proceedings was discretionary and the discretion was not to be exercised arbitrarily and capriciously but in accordance with due process.
The Judge said the discretion to stay proceedings must only be exercised in exceptional circumstances where irreparable damages would occur, and the appeal would be rendered negatory on a party if the proceedings were not stayed.
“I am unable to agree with the submission that the appeal will be rendered negatory if the proceedings are not stayed as it does not amount to special circumstances for which a stay ought to the granted,” she said.
Justice Yanzuh said the application for variation was to adjourn the case beyond the by-election to allow the accused time to campaign and the by-election had been conducted and the accused has been sworn in.
“I do not see the irreparable damage the accused will suffer if the proceedings are not stayed as the appeal is not to determine whether the accused should stand the trial,” she added.
The Judge said she did not see how the decision not to stay proceedings would amount to the denial of fair trial and that the court did not concern itself with what was said somewhere else but rather the court only considered issues before it and the evidence led.
The trial has been adjourned to July 14, 2023.
Earlier, Mr Tsikata argued that the High Court made five errors of law when it refused their motion for variation or review of the orders.
The request was opposed by the Attorney General Godfred Yeboah Dame on grounds that it was unnecessary, and one meant to distort facts.
Initially, the Supreme Court nullified Quayson’s election as the Member of Parliament for Assin North over holding a Canadian citizenship alongside being a Ghanaian at the time he filed his nomination to contest the election in 2020.
Upon a by-election conducted by the Electoral Commission, the people of Assin North Constituency re-elected him to represent them in Parliament.
He now faces charges of perjury and deceiving a public officer at the High Court.
The National Democratic Congress (NDC), MPs and other bigwigs in the party were in Court to show solidarity to their member.
They were led by Dr Cassiel Ato Forson, the Minority Leader, Dr Dominic Akuritinga Ayine, a former Deputy Attorney General, Emmanuel Armah Kofi Buah, MP for Ellembelle Constituency, Kwame Governs Agbodza, MP for Adaklu Constituency, Francis Xavier Sosu, MP for Madina Constituency, Samuel Okudzeto Ablakwa, MP for North Tongu Constituency, Alhaji Collins Dauda, MP Asutifi South Constituency, John Abu Jinakpo, MP for Yapei-Kusawgu constituency.
Peter Mac Manu and Mr. Kwaku Ofori Asiamah, Transport Minister, were present for the interested party from the New Patriotic Party.
GNA