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James Gyakye Quayson’s attorneys asked the high court to halt proceedings until the outcome of a request for judicial review they had made to the Supreme Court, but the high court rejected their request.
The High Court, led by Justice Mary Maame Ekue Yanzuh, ruled that the Supreme Court’s request does not concern the clause in Article 130 of the 1992 Constitution, and as a result, the court is not required to stop the ongoing trial’s procedures.
The 1992 Constitution’s Article 130 declares 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).
James Gyakye Quayson’s legal team’s attempt to halt the ongoing trial while they await the outcome of their judicial review case has been hampered by the decision.
Due to suspicions about his dual citizenship, the MP for Assin North has come up against legal issues about his right to hold office.
The application was denied by the court, indicating that the trial will start right away and highlighting the significance of adhering to the Constitution and accepted legal practices.
Due to potential wider ramifications for Ghana’s constitutional interpretation and parliamentary eligibility, the issue has attracted a lot of attention.
Source: Ghanatodayonline.com
