The Court of Appeal in Cape Coast has struck out an appeal filed by Assin North Member of Parliament James Gyekye Quayson after ruling that he failed to comply with the court’s procedural requirements.
Mr Quayson had appealed against a High Court decision that ordered fresh parliamentary elections in the Assin North Constituency and restrained him from holding himself out as the area’s Member of Parliament.
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Delivering the ruling, Justice Irene Charity Larbi held that the appellant failed to file his written submissions within the time prescribed by the court, despite being required to do so.
The court consequently struck out the appeal and ordered that all applications connected to the case be dismissed.
Prior to the ruling, the Court of Appeal had adjourned proceedings to March 22, 2022, after Mr Quayson’s lawyer, Tsatsu Tsikata, sought clarification on the court’s reliance on Constitutional Instrument (C.I.) 47 in determining an application for a stay of execution.
Court records showed that the Registrar of the Court of Appeal issued a certificate of non-compliance against Mr Quayson and his legal team on January 24, 2022, after they failed to file their written submissions within the required 21-day period following the transmission of records from the High Court.
Before the panel delivered its decision, Mr Tsikata informed the court that three applications had been filed, including one seeking the recusal of the presiding judge.
However, the panel indicated that those applications were not properly before it and proceeded to determine the matters on its docket.
In striking out the appeal, Justice Larbi cited the legal principle famously articulated by Lord Denning that, “You cannot put something on nothing and expect it to stand,” underscoring that the appeal could not proceed in the absence of compliance with the applicable procedural rules.
