A Cape Coast High Court has cancelled the parliamentary elections in the Assin North constituency in the 2020 parliamentary elections.
The Court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the constituency.
The court has also restrained the Assin North MP from holding himself as the MP for the Assin North Constituency.
Background
The Supreme Court on Tuesday asked for the withdrawal of an application seeking its supervisory jurisdiction in a case where the Cape Coast High Court is set to decide a petition challenging the eligibility of the Assin North MP.
The apex court argued that due process was not followed. The application was subsequently withdrawn by lawyers for the MP, paving the way for the Cape Coast High Court to rule on the matter Wednesday.
This comes after Lawyers for the Member of Parliament for Assin North, Joe Gyaakye Quayson withdrawn an application seeking to invoke the supervisory jurisdiction of the Supreme Court to interpret certain constitutional provisions.
The MP’s lawyer, Justin Pwavra Teriwajah had tried without success, to get the Cape Coast High Court hearing the election petition involving his client, to refer Article 94, Clause (2a) of the 1992 Constitution to the Supreme Court for interpretation.
A five-member Supreme Court presided over by Justice Yaw Apau, struck the application out after the MP’s lawyer had withdrawn it.
The judges explained to the lawyer that he should have formally applied to the High Court to refer the said constitutional provision to the Supreme Court for interpretation, and if he refused, there would have been grounds to refer the same to the Supreme Court.
