Abraham Amaliba, Director of Legal Affairs of the National Democratic Congress (NDC) has described the appeal made by Dormaahene, Oseadeeyo Agyeman Badu II, on discontinuation of the criminal trial of James Gyakye Quayson as right and spot on.
He said the Dormaahene made the appeal as a Ghanaian citizen who feels that it is a complete waste of time to continuously prosecute Mr Quayson, Member of Parliament (MP) for Assin North.
Mr Amaliba said this during a media interview after the hearing of Gyakye Quayson’s case by an Accra High Court yesterday.
His comments follow a question a journalist asked him about his views on the comment made by Dormaahene, who is also a sitting High Court judge and President of Bono Regional House of Chiefs, when he addressed the John Evans Atta Mills 10th anniversary lecture.
The Dormaahene, known in judicial practice as His Lordship Justice Daniel Mensah, said at the anniversary lecture that: “as a matter of urgency, I am appealing to the President of the Republic, Attorney General, if he has any role to play, that the trial should be aborted.”
Many, including the Attorney-General Godfred Yeboah Dame and member of the General Legal Council Disciplinary Committee Sam Okudzeto have sternly criticised the paramount chief. However, Mr. Amaliba rebutted that the Attorney-General does not understand his role, saying “His role as an Attorney General is to prosecute on behalf of the Republic and the people of this country are the custodians of sovereignty.”
He justified the paramount chief’s position by stating that there is nothing wrong with what he said, for if any Ghanaian feels it is a complete waste of time to continuously prosecute the MP, he or she can voice it out.
Mr. Amaliba reiterated: “The power resides in we the people not the Attorney-General. We are saying that exercise it in this way, the Attorney-General can’t be complaining when all powers belong to us.”
The NDC Legal Director also commended Nii Ayikoi Otoo, a former Attorney-General and Minister for Justice for allegedly suggesting that it would be in the best interest of the New Patriotic Party (NPP) for the Attorney-General to consider the discontinuation of the criminal case against James Gyakye Quayson.
Nevertheless, he turned his guns on Mr. Okudzeto, disagreeing with him for thinking that his opinion is law and for that matter some people should be called to the Disciplinary Committee of the Judicial Council.
“He himself is using one finger to point at the Dormaahene and four fingers are pointing at him. He has done more harm than good when this matter came to court,” Mr Amaliba stressed.
The trial of Gyakye Quayson
The court, presided over by Justice Mary Maame Ekue Yanzuh, adjourned the case for the embattled MP, who was sworn in yesterday in Parliament House.
The performance of this national assignment compelled the court to adjourn the case to Thursday, June 6, 2023.
Deputy A-G, Alfred Tuah-Yeboah, did not oppose the application by Gyakye Quayson’s lead Counsel, Tsatsu Tsikata, when he informed the court that his client was on national assignment and had to absent himself from court.
Background
James Quayson is being tried for deceit of Public officer, forgery of passport or travel certificates, knowingly making a false statutory declaration, perjury and false declaration for office.
The accused has pleaded not guilty to all five charges and is currently on bail.
The Supreme Court last month ordered that Mr Quayson’s name be expunged from the records of Parliament as Assin North Constituency’s representative.
Mr Quayson has since made his way back to parliament after a resounding victory in a by-election held last week.