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He said the matter in question is still sub-judice and has thus not been concluded by the Courts with competent jurisdiction on the matter.
In a letter addressed to the Registrar of the General Jurisdiction Court, Law Court Complex, Accra and signed by the Clerk to Parliament, Cyril K.O. Nsia, it said prior to receiving the Registrar’s letter, he had received certified true copies of documents from the lawyers of James Quayson, indicating that they had filed an appeal against the judgment of the High Court in Cape Coast.
It said "Prior to the receipt of this process, Mr. Speaker had received certified true copies of documents from the lawyers of James Quayson, Member of Parliament for the Assin North Constituency filed in respect of an appeal against the judgment of the High Court, Cape Coast and an application for the Stay of Execution of the said judgment of the High Court, Cape Coast.
"On the face of the certified true copies received by Mr. Speaker, the matter in question is still sub-judice and has thus not been concluded by the Courts with competent jurisdiction on the matter."
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Speaker of Parliament, Alban Bagbin
"In the circumstances, Mr. Speaker is not clothed with the legal basis to make a pronouncement on the matter and can thus not declare the occurrence of a vacancy in the House pursuant to the 1992 Constitution and the Standing Orders of the House," it added.
The Cape Coast High Court presided over by Justice Kwasi Boakye, on Wednesday, July 28, 2021, ordered for fresh elections to be conducted in the Assin North constituency.
Justice Kwasi Boakye ruled that based on the capacity of the petitioner to maintain an action against James Quayson, the MP's challenge of his capacity was overruled and explained that its jurisdiction could be invoked in an election petition when the EC conducts a parliamentary election and declares the results of the contest. Thus, he argued the Court’s jurisdiction was properly invoked.
On December 30, 2020, a resident of Assin North, Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Quayson to be an MP.
He contended that the MP was not eligible on the basis that at the time he [Quayson] filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.