On Tuesday 18th October 2021, the Assin North parliamentary election petition was called at the Court of Appeal at Cape Coast. The petitioner, Michael Ankomah-Nimfah was present in court but his lawyer, Frank Davies, was absent. None of the NPP lawyers was present to hold a brief for Frank Davies so the petitioner was complete without any legal representation.
The Electoral Commission was also absent in court. Neither did any lawyer represent the Electoral Commission in today’s court sitting.
However, the appellant, Hon. James Gyakye Quayson was well represented in court by two lawyers: Mr. Tsatsu Tsikata and Mr. Justin Pwavra Teriwajah.
When the case was called, the three-member panel of judges (Justices Irene Charity Larbi JA, Georgina Mensah-Data JA, and Yaw Darko Asare JA) informed Mr. Tsatsu Tsikata that the panel of judges had just seen a late affidavit in opposition filed by the petitioner.
Based on that, the Court of Appeal proposed to adjourn the case sine die (i.e. indefinitely) to allow the judges some time to study the processes on the docket. Mr. Tsatsu Tsikata also informed the court that Hon. James Quayson has filed an additional motion slated for 15th November 2021. Based on that, the case was adjourned to 15th November 2021.
Significantly, Hon. James Quayson’s motion for stay of execution was filed on 5th August 2021 after which the EC was served on 6th August 2021 whilst the petitioner was served on 16th August 2021. However, the petitioner filed his affidavit in opposition on 13th October 2021.
Little wonder that the petitioner’s affidavit in opposition came to the notice of the three-member panel only this morning and hence the main reason for the adjournment.
Equally significant is the fact that the EC did not file an affidavit in opposition and this seems to indicate that the EC is not opposed to Hon. James Quayson’s motion for stay of execution!