Court of Appeal in Cape Coast has dismissed an appeal filed by the embattled Member of Parliament for Assin North, James Gyakye Quayson.
This is because the appellant, James Gyakye Quayson failed to file his written submission within the stipulated period allowed under the Court of Appeal Rules, 1997 (C.I. 19).
The written submission was to state the reasons for the appeal against the High Court ruling.
Per Rule 20 (1) of C.I. 19, an appellant before the Court of Appeal shall within three weeks of filing his notice of appeal, file his written submissions.
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According to Rule 20 (2), "Where the appellant does not file the written submissions of his case in accordance with sub-rule (1), the appeal shall be considered to have been struck out and the Registrar shall inform the parties accordingly.
Background
Mr Quayson polled 17,498 votes as against 14,793 by the New Patriotic Party's (NPP's) Ms Abena Durowaa Mensah in the December 7, 2020, parliamentary election.
On December 30, 2020, a resident of Assin North, Mr Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be an MP.
On July 28, 2021, following that petition by Mr Ankomah-Nimfah, the Cape Coast High Court declared Mr Quayson’s election as void, on the basis that he owed allegiance to another country other than Ghana, contrary to Article 94(2) of the 1992 Constitution.
It was the considered view of the court that as of the time Mr Quayson filed to contest the MP position, he had not renounced his Canadian citizenship and, therefore, he was not qualified to become a legislator.
The court, presided over by Justice Kwasi Boakye, ordered the EC to organise a new election in the constituency.
Mr Quayson filed an appeal at the Court of Appeal challenging the judgment of the Cape Coast High Court.