[2022]DLSC11671 • April 13, 2022 • Supreme Court •
MICHAEL ANKOMAH-NIMFAH vs. JAMES GYAKYE QUAYSON, THE ELECTORAL COMMISSION AND THE ATTORNEY-GENERAL
The Applicant challenged the election of the 1st Respondent as Member of Parliament for Assin North Constituency on grounds that the 1st Respondent held Canadian citizenship at the time of filing nomination forms, violating Article 94(2)(a) of the 1992 Constitution. The High Court declared the election null and void and issued perpetual injunction restraining the 1st Respondent from holding himself as MP. Despite this, the 1st Respondent continued to act as MP. The Applicant sought interlocutory injunction from the Supreme Court to restrain the 1st Respondent pending determination of the substantive suit invoking the Supreme Court's original jurisdiction.
read moreINTRODUCTION: 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 1st 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 January, 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 for...