Kweku Painstil, a private legal practitioner and the Managing Solicitor of Paintsil, Paintsil & Company, has refuted claims that the Supreme Court order barring Gyakye Qayson, the Assin North MP, from performing parliamentary duties, is a farce of justice.
Despite filing a stay of execution against the Cape Coast High Court, he contended that the besieged MP could no longer hold himself out as a Member of Parliament as long as the High Court ruling remained undisturbed.
Mr. Kweku Paintsil stated, “The filing of an application for a stay does not serve as a stay.”
“If you synthesise what the judges said, what the minority stated was that the same relief that was sought at the Supreme Court had crystallized,” he continued, “but they needed to adopt a different way to get what they wanted in the Supreme Court.”
“As a result, once the High Court has ruled that the MP has lost it and that he was not allowed to have contested in the first place,” he stated, “they all agree that he should be booted out of Parliament.”
Mr. Gyakye Quayson can no longer undertake legislative duties, according to the Supreme Court, which determined by a vote of 5-2 on Wednesday, April 13. This is until the Supreme Court rules on the substantive case brought against him.
Former President John Dramani referred to the decision as a “travesty of justice,” emphasizing that the top court’s decision is an intentional act of disdain for the country’s democracy.
Mr. Mahama questioned the validity of the decision, given that the Assin North MP’s legitimacy is currently being challenged in the Supreme Court. As a result, he believes that Mr. Quayson’s substantive case before the Supreme Court has already been decided against him.
Mr. Paintsil, contrary to Mr. Mahama’s assertion, stated that the judgement is appropriate once the Cape Coast High Court ruling is not appealed.
He contended that the Supreme Court had no jurisdiction because Mr Gyakye Quayson’s membership in Parliament had been revoked by the Cape Coast High Court, and he was no longer an MP.
“The only difference is that the majority concluded that the writ that had been filed with the Supreme Court could be used as a basis for issuing the interim injunction that they had requested – which had the effect of permanently injuncting him, which is not new to the law.”
“In an application for an interim injunction, the court grants a final injunction if the facts warrant it,” he said. So when people say miscarriage of justice, I’m not sure what they’re talking about.”
Mr. Quayson’s election was invalidated by a Cape Coast High Court in July 2021, after it was determined that he owed allegiance to Canada at the time of filed his nomination documents to contest the polls.
Assin North MP Joe Gyaakye Quayson’s lawyers have filed a motion to delay the Cape Coast High Court’s decision annulling his election as MP, pending the outcome of his appeal at a Cape Coast Court of Appeal. Mr. Quayson continued to work as a Member of Parliament during this time.
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