The Supreme Court on Tuesday, 1 February 2022, ordered the registrar of the court to personally serve the National Democratic Congress (NDC) Member of Parliament-elect for Assin North, Mr James Gyakye Quayson, with a notice of a court action which has been instituted against him.
This follows failed attempts to have the Assin North MP-elect served with the court notice through parliament.
A member of the New Patriotic Party (NPP), Mr Michael Ankomah Nimfah, filed an application at the Supreme Court to injunct the MP-elect.
The applicant is also seeking an interpretation of Article 94(2)(a) of the 1992 Constitution which stipulates that: “A person shall not be qualified to be a member of Parliament if he – (a) owes allegiance to a country other than Ghana”, ruled that his election is unconstitutional, null and void.
The MP-elect was, however, not in court.
The application has since been adjourned sine die.
According to the court registrar, Matthew Antianye, with the first attempt made to serve the MP-elect with the writ, “the address of service was through the Clerk of Parliament but the Clerk said it ought to be served on the Speaker.”
The second attempt was through the Speaker of Parliament’s secretary.
The secretary indicated, however, that the Speaker of the House was not in Parliament and could not receive the processes.
The MP-elect’s seat was declared vacant by the Cape Coast High Court.
The MP has challenged the court’s declaration at the apex court, emphasising that he is still the MP for the area.