Attorney General Godfred Yeboah Dame appealed to an Accra High Court hearing a criminal case against ousted lawmaker James Gyakye Quayson, to stick to its earlier ruling of hearing the case on a daily basis.
The AG during his submissions on June 21 stressed that there was no need to treat the former Member of Parliament (MP) differently from other people standing trial and subject to rulings or directions of a court.
Dame advanced the argument that the MP's right to participate in political activity, that is, to stand for election could not be equated to a duty because the two were distinct.
He cited the example of how a teacher or farmer could also pray the court to postpone their criminal trials because they have some obligations to attend to in the line of their work.
“Article 17 of the 1992 Constitution says all persons are equal before the law. This is fundamental to the rule of law. If a teacher or farmer cannot refuse to attend or resist a daily hearing of his criminal case because he has to go to work, why should a politician be able to avoid trial because he wants to go and campaign?
“The farmer could also come and say that he is due for a national award or a teacher preparing their students for an exam would like their criminal trials suspended because they have to teach their students. But this is not done. It will therefore be discriminatory to do that for a politician and not do that for a teacher or a farmer”, the Attorney-General submitted.
“Granting the application would be discriminatory, contrary to the constitution and will create an absurdity.” Dame concluded.
The court, on June 23, 2023, will deliver a ruling on the motion against the day to day trial as filed by lead counsel for the former MP, Tsatsu Tsikata.
On February 12, 2022, the State charged James Gyakye Quayson with five counts; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
Background:
The High Court in Accra, on Friday (June 18, 2023), ruled that the ongoing criminal trial of ousted Assin North Member of Parliament, James Gyakye Quayson, will be heard daily starting from Tuesday, June 20, 2023.
This was after the presiding judge, Justice Mary Maame Ekue Yanzuh, turned down an application for the trial to be adjourned till after the by-election.
The Court has since fixed June 20, 21, and 23 for the trial to continue.
Quayson was recently ousted from parliament after the Supreme Court of Ghana ruled that he was ineligible to contest in the 2020 parliamentary election because he failed to renounce his Canadian citizenship in time.
But there is still one case the former MP has to face in court after the Office of the Attorney General accused him of deceiving public officers to acquire state documents.
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