Substantive case against him still pending
NDC disagrees with ruling of Apex Court
A member of the National Democratic Congress’ legal team, Baba Jamal, has averred that many lawyers have been left confused by the April 13 Supreme Court ruling that injuncted a Member of Parliament from holding himself out as such.
The case involving NDC MP for Assin North, James Gyakye Quayson, saw the Justice Jones Dotse-led bench ruling 5 – 2 in favour of a petitioner who is challenging the propriety of Quayson’s candidature.
Speaking on Accra-based Joy News on Tuesday, April 19, Baba Jamal observed that the ruling had left in its wake issues of lack of clarity among members of the legal fraternity.
He said: “In fact, that decision has left many many lawyers confused as to what is the law now…
“Because like he (Inusah Fuseini) said, there must always be clarity and there must always be some level of predictability to know how a case goes... the Supreme Court is the apex court that gives direction when it comes to issues like this,” Jamal added.
In his earlier submission, Inusah Fuseini, a former NDC MP, said the ruling had left everybody confused and pointed to the emergence of what he termed, jurisprudence of convenience by the apex court.
“The jurisprudence of the Supreme Court has now left everybody confused because the Supreme Court in situations like this, always tries to hold the balance. The balance between representation and the requirement for justice.
“It looks like in this particular case and in recent decisions of the Supreme Court, a new jurisprudence is emerging and that is the jurisprudence of convenience,” he stressed.
Lawyers for the embattled MP have meanwhile filed an appeal of the court decision even as the apex court is yet to determine the substantive petition against the MP.
Background
In July 2021, a High Court in Cape Coast nullified the election of the Assin North MP, after it found that he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.
Michael Ankomah Nimfah, a resident of the constituency, filed the petition in court and later initiated another action at the Supreme Court to enforce the High Court's decision.
He urged the Court to prevent a further breach of the constitution by restraining the MP.
On Wednesday, April 13, the Supreme Court in a 5-2 decision ruled on the issue by barring the Assin North MP from performing any Parliamentary duty.
This is until the determination of the substantive case filed against him at the Supreme Court.
Baba Jamal