The Minority in Parliament has said the ruling by the High Court puts Assin North Member of Parliament (MP) in the same position as before the by-election in his constituency.

The Minority’s comments follow a decision by the high court on Tuesday, 18 July 2023, that the application before the Supreme Court did not pertain to the provisions outlined in Article 130 of the 1992 Constitution.

As such, the court was not obliged to suspend proceedings in the ongoing trial.

Article 130 of the 1992 Constitution delineates the exclusive jurisdiction of the Supreme Court.

It states that the Supreme Court shall have original jurisdiction in matters concerning the enforcement or interpretation of the Constitution, as well as matters arising from the question of whether an enactment exceeded the legal powers conferred on Parliament or any other authority under the Constitution.

In its decision, the court noted that the application for judicial review before the Supreme Court related to a decision made by the High Court and did not involve an issue of constitutional interpretation as specified in Article 130 (1 b).

The ruling marks a setback for James Gyakye Quayson's legal team as they seek to pause the ongoing trial pending the outcome of their judicial review application.

In a statement on Wednesday, 19 July 2023, signed by Minority Chief Whip Kwame Governs Agbodza, reciprocating its response to what it refers to as “government’s escalation of the ongoing persecution” of the Assin North MP, the Minority quizzed: “If the Member of Parliament must appear in court every week day for trial, what time will he have to attend Parliamentary business to represent the people of Assin North?”

“We are, therefore, at this point including all options available to us to defend and protect our colleague,” the Minority added.