Ankomah-nimfah Vrs Quayson & 2 Ors [2022] GHASC 23 (13 April 2022)

Ankomah-nimfah Vrs Quayson & 2 Ors [2022] GHASC 23 (13 April 2022)

The Supreme Court has jurisdiction to grant interlocutory injunctions in constitutional matters even in the absence of express procedural rules, and technical errors in citing procedural rules do not defeat substantive justice. The applicant established a prima facie case of continuing constitutional breach and contempt of court orders by the 1st Respondent. The balance of convenience and public interest in upholding the Constitution justified granting the interlocutory injunction restraining the 1st Respondent from acting as Member of Parliament pending the determination of the substantive suit.

Citation
[2022] GHASC 23
Parties
Plaintiff/applicant: Michael Ankomah-Nimfah; 1st Defendant/respondent: James Gyakye Quayson; 2nd Defendant/respondent: The Electoral Commission; 3rd Defendant/respondent: The Attorney-General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 April 2022
Procedural Posture
Constitutional Petition/interlocutory Application / Ruling on Application for Interlocutory Injunction Pending Determination of Substantive Suit
Outcome
Application for interlocutory injunction granted by majority; 1st Respondent restrained from acting as Member of Parliament pending determination of the suit. Dissenting opinions would have dismissed the application for lack of merit and as an improper forum for enforcement of High Court orders.
Legal Topics
Interlocutory Injunctions, Parliamentary Elections, Qualification of Members of Parliament, Jurisdiction of Supreme Court, Enforcement of Court Orders
Source Language
English
Constitutional Law Electoral Law Civil Procedure Interlocutory Injunctions Parliamentary Elections Qualification of Members of Parliament Jurisdiction of Supreme Court Enforcement of Court Orders

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Parties

Michael Ankomah-Nimfah

Plaintiff/applicant

James Gyakye Quayson

1st Defendant/respondent

The Electoral Commission

2nd Defendant/respondent

The Attorney-General

3rd Defendant/respondent

Procedural Posture

Constitutional Petition/interlocutory Application / Ruling on Application for Interlocutory Injunction Pending Determination of Substantive Suit

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to grant an interlocutory injunction in constitutional matters absent express procedural rules
  2. 2 Whether the application for interlocutory injunction is competent given the citation of High Court Civil Procedure Rules
  3. 3 Whether the applicant has established grounds for interlocutory injunction restraining the 1st Respondent from acting as Member of Parliament pending the suit

Ratio Decidendi

The Supreme Court has jurisdiction to grant interlocutory injunctions in constitutional matters even in the absence of express procedural rules, and technical errors in citing procedural rules do not defeat substantive justice. The applicant established a prima facie case of continuing constitutional breach and contempt of court orders by the 1st Respondent. The balance of convenience and public interest in upholding the Constitution justified granting the interlocutory injunction restraining the 1st Respondent from acting as Member of Parliament pending the determination of the substantive suit.

Court Disposition

Application for interlocutory injunction granted by majority; 1st Respondent restrained from acting as Member of Parliament pending determination of the suit. Dissenting opinions would have dismissed the application for lack of merit and as an improper forum for enforcement of High Court orders.

Orders

  • 1st Respondent restrained from holding himself out as Member of Parliament for Assin North Constituency, presenting himself, and/or attending Parliament to conduct the business of Member of Parliament pending the determination of the suit.
  • Parties to file joint or separate memorandum of issues by 25th April 2022.