Assin North MP-elect, James Gyakye Quayson has filed an appeal in the Court of Appeal challenging the daily trial order made by High Court judge, Mary Yanzuh.
To ensure that Quayson gets a fair trial in the criminal case against him, his lawyers have filed an application for Stay of Proceedings pending the determination of his appeal on grounds of several errors of law committed by the trial judge which breach Quayson’s right to a fair trial.
Motion for Stay of Proceedings is set to be moved on Thursday, June 29, at 11 am by the Tsatsu Tsikata at Criminal Court 3 (3rd floor of the Court Complex) Accra.
The Supreme Court nullified Mr Quayson’s election as MP for Assin North for holding Canadian citizenship and being a Ghanaian when he filed his nomination to contest the election in 2020.
He now faces charges of perjury and deceiving a public officer.
He was, however, re-elected following a by-election conducted by the Electoral Commission on Tuesday, June 27.
The applicant in his new application said the appeal was likely to succeed in the light of the errors of law set out in the notice of appeal, including the endorsement, in effect, of prejudice to a fair trial clearly in breach of his constitutional rights to a fair trial.
He said the decision of the Court that evidence of extremely prejudicial, unjustified and insulting remarks by the Attorney-General was not relevant to the determination of the application for review, was clearly in error.
“That the decision of the Court on June 23, 2023, was contradictory to the decision of the Court on June 21, 2023, when an objection by the Attorney-General to the supplementary affidavit filed in support of the application for review was dismissed on the basis that the averments in the supplementary affidavit were relevant to the allegations about the extremely prejudicial, unjustified and insulting remarks of the Attorney-General,”
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