[2022]DLSC11365 • April 13, 2022 • Supreme Court •
MICHAEL ANKOMAH-NIMFAH vs JAMES GYAKYE QUAYSON, THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The applicant challenged the validity of the election of the 1st respondent as Member of Parliament for Assin North Constituency, relying on a High Court judgment that declared the 1st respondent's election null and void and restrained him from holding himself out as MP. Despite this, the 1st respondent continued to perform parliamentary duties. The applicant sought an interlocutory injunction from the Supreme Court to restrain the 1st respondent pending determination of a substantive writ challenging his qualification under Article 94(2)(a) of the Constitution.
read moreKULENDI JSC:- INTRODUCTION: This is an application for an order of interlocutory injunction pending the determination of a writ invoking this Court's original jurisdiction. The Plaintiff/Applicant (hereinafter called the "Applicant'') is seeking an order to restrain Mr. James Gyakye Quayson, the ist Defendant/Respondent (hereinafter called the "1st Respondent''), from holding himself out as a Member of Parliament for the Assin North Constituency, presenting himself before and/or attending Parliament to conduct the business of Member of Parliament pending the final determination of Applicant's suit. BACKGROUND The application under consideration is anchored on a writ which the Applicant caused to be issued on the 24th of Jpnuary, 2022, invoking the original jurisdiction of this Court for the following reliefs: 1. "A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form ...