James Gyakye Quayson, who has been restrained by the Supreme Court from holding himself as Member Of Parliament (MP) for Assin North, has filed for a review of the Supreme Court’s decision of April 13.
The Court granted orders of interlocutory injunction against him preventing him from performing his Parliamentary duties until the determination of a substantive suit urging the Court to declare his election as an MP invalid.
Mr Quayson claims that the ruling of the Court constitutes a patent and fundamental error.
He argues that the apex court violated Article 129 (3) of the Constitution in assuming jurisdiction over the suit determining the validity of Parliamentary elections and proceeding further to grant an injunction.
This, he argues, is enough grounds for the court to review its ruling to ensure that justice is served.
It is the case of Mr. Quayson that the substantive suit against him is an attempt to enforce the judgment of the Cape Coast High Court which annulled his election as an MP but has been disguised as a suit invoking the original jurisdiction of the Supreme Court.
This, he claims, is an error and constitute a gross miscarriage of justice to him.
He further contends that by the injunction against him, the Supreme Court violated the Constitution and exercised its discretion capriciously and unreasonably.
The review application will be heard on May 17, 2022.
Mr Quayson has also filed a separate application seeking the Supreme Court to strike out the substantive suit because it lacks jurisdiction to determine cases involving the validity of a Parliamentary election.
He said the matter has already been determined by the Cape Coast High Court.
