Supreme court orders substituted service on James Quayson

supreme court orders substituted service on james quayson scaled

Supreme Court

The Supreme Court has ordered that the processes of the court should be served on Mr James Gyekye Quayson, Member of Parliament for Assin North, through substituted service.

It further directed that the court process be posted on the gate and walls of the MP’s residence and same should be published once in a national daily newspaper.

The order was made in relation to an injunction application filed by one Mr Michael Ankomah Nimfah against the MP.

Mr Nimfah is praying the court to restrain the MP from holding himself as a legislator.

Mr Frank Davies, counsel for Mr Nimfah in ex-parte application prayed the court to grant a substituted service to be served on the MP.

The court adjourned the matter sine die.

A High Court in Cape Coast in July 2021 ruled that Mr Quayson could not hold himself as an MP because he held dual citizenship when he contested the 2020 Parliamentary election.

Article 94 (2) of the country’s 1992 constitution disqualifies an MP who holds allegiance to a country other than Ghana.

The court has dismissed a review application filed by Mr Tsatsu Tsikata, counsel for the Assin North MP.

According to the court, the application did not meet the threshold of a review application, saying “the Review application fails and same is dismissed.”

Mr Davies noted that the review application filed on February 10, this year, had “no exceptional circumstance which had resulted in a miscarriage of justice.”

According to the counsel, there were “no discovery of any new matter and the review application was incompetent, abuse of the court process, same had been rehashed.”

It was the case of the MP that he should be given some more days to respond to the injunction application.

The Supreme Court also dismissed a request to subpoena the Supreme Court Registrar to provide him (MP) with certain court documents.

The documents include a certified copy of a bailiff report on February 8, this year, and a motion on notice for an interlocutory injunction.

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