Court dismisses Assin North MP’s stay of proceedings

An Accra High Court hearing the case involving Mr James Gyakye Quayson, the Assin North Member of Parliament, has dismissed a motion to stay proceedings.

The Court presided over by Justice Elfreda Dankyi said the applicant through his lawyer had not addressed the issues, stating that there must also be some exceptional circumstances for which the proceedings should be stayed, which were unavailable in Counsel’s submission.

She said the applicant had not demonstrated any exceptional circumstances to warrant the grant of stay of proceedings in his favour.

Earlier, Lawyers for the MP said some of the charges were hitched on Constitutionality, hence the call for interpretation

The lawyers for the accused person told the Court that the motion was against an earlier ruling of the Court.

The charges being challenged by the accused person are Knowingly making a false statutory declaration, contrary to Section 5 of the Statutory Declarations Act 1971 (Act 389), “perjury”, contrary to Section 210(1) of the Criminal Offences Act 1960 (Act 29), and “false declaration for office, also contrary to Section 248 of the Criminal Offences Act 1960 (Act 29).”

But, Mrs Yvonne Atakora Obuobisa, the Director of Public Prosecution (DPP), said the lawyers in moving the motion did not demonstrate any exceptional circumstance for the grant of stay of proceedings.

She said a stay of proceedings could only be granted when exceptional circumstance was demonstrated coupled with the discretion of the Court.

The DPP said the fact that the accused person had referred an issue for constitutional interpretation did not mean that the Court should grant the stay.

She said the referral for Constitutional interpretation was unnecessary.

Mrs Obuobisa said the MP had not been charged on any article, which was contrary to the Acts in the Constitution.

She said the State was ready to provide evidence to prove their case against the accused person.

The DPP said the accused person had woefully failed to demonstrate any exceptional circumstance for the grant of stay, adding that the mere fact that they had file an appeal at the Court of Appeal did not mean the Court should grant the motion.

The Court has granted bail to Mr Quayson in the sum of GHS100,000 with a surety to be justified.

The accused person pleaded not guilty to all five counts of deceit of public officer and forgery of passport or travel certificate, charge for knowingly making false statutory declaration, perjury and false declaration for Office.

He is to deposit his passport with the Registry of the Court.

The Court adjourned to case to May 18, 2022 for continuation.