Court of Appeal dismisses MP’s Stay of Proceedings

The Court of Appeal has dismissed an application filed by James Gyakye Quayson, Member of Parliament for Assin North, for Stay of Proceedings.

A three-member panel presided over by Justice Henry Anthony Kwoffie ruled that the applicant had not demonstrated any exceptional circumstances that warrant the grant of the Stay of Proceedings.

Mr Tsatsu Tsikata, Counsel for Mr Quayson, prayed the Court to Stay the accused person’s criminal trial at the High Court.

The Counsel raised Constitutional concerns regarding three of the five criminal charges – knowingly making a false statutory declaration (Count 3), perjury (Count 4) and false declaration for office (Count 5), arguing that it would require Supreme Court interpretation.

Mr Tsikata said due process in a criminal charge required an accused to be aware of the elements of the charge that had been brought against him and that is why the issues of Article 94 (2)(a) is key in the matter.”

However, Mr Richard Gyembiby, a Principal State Attorney, opposed the grant of the application on grounds that the applicant does not meet the threshold for Stay of proceedings to be granted him.

The Assin North MP is also facing two counts of deceit of public officer and forgery of passport or travel certificates.

He has pleaded not guilty to all five charges and granted GHS100,000 bail with a surety to be justified.

The High Court had fixed June 1, 2022 for the commencement of the trial.