THE REPUBLIC V. COURT OF APPEAL EX PARTE: JAMES GYAKYE QUAYSON

KULENDI JSC

INTRODUCTION  

This is a motion on notice for an order of certiorari directed at the Court of Appeal,  Cape Coast, to bring up to this Court, for the purposes of being quashed, the ruling  of the Court dated 13th December, 2021 by which ruling, the Court of Appeal refused  the Applicant’s motion for a stay of proceedings and reference to this Court for the  interpretation Article 94(2)(a) of the Constitution.  

BACKGROUND 

The Applicant was elected Member of Parliament for the Assin North Constituency on  December 7th, 2020 and sworn in Parliament on 7th January, 2021. Upon the  election of the Applicant as Member of Parliament for the constituency  aforementioned, the 1st Interested Party petitioned the High Court, Cape Coast and  contended that at the time of the filing of the nomination forms by the Applicant, the  Applicant held Canadian citizenship in violation of Article 94[2][a] of the Constitution,  Section 9(2)(a) of the Representation of the Peoples Act 1992 (PNDCL …