The embattled former Member of Parliament (MP) for Assin North, Joe Gyakye Quayson could face a jail term of not less than six months with hard labour if convicted of the offence of perjury.
This follows a formal complaint lodged by the Central Regional Secretary of the ruling New Patriotic Party (NPP), Richard Takyi Mensah urging the state to press criminal charges against Mr. Gyakye Quayson for committing perjury.
“Mr. Quayson has perjured himself by lying under oath, and I have taken steps to petition your office for official criminal investigations to be conducted. Accordingly, I have attached for your attention the following documents: Biodata page of Canadian Passport bearing the name Mr James Quayson issued on 03-10-2016; Biodata page of Ghanaian Passport bearing the name Mr James Gyakye Quayson issued on 02-08-2019; and Ghanaian Passport application form completed by Mr James Gyakye Quayson dated 30-07-2019”, the petition filed by Mr Takyi Mensah in part read.
Section 152 of the Criminal Procedure Code, 1960 (Act 30) says if it appears to a court that a person has been guilty of perjury in any proceeding before it, it may—(1)(b) “commit him to prison for any term not exceeding six months with or without hard labour, or fine him any sum not exceeding 150 penalty units, or impose both such penalties upon him, in each such case as for a contempt of court.”
The court could also fine him the sum of GH¢1,800 as well as the jail term.
The Criminal Investigations Department (CID) of the Ghana Police has since served Mr. Gyakye Quayson with a letter to appear before it for interrogation.
Quayson was on Wednesday, July 28, 2021, stripped of being an MP after the Cape Court High annulled the 2020 Parliamentary Election held in Assin North constituency and ordered for a fresh election to be held.
The Court, presided over by Justice Kwasi Boakye, restrained Mr Gyakye Quayson from holding himself as MP for the Constituency.
Quayson had filed his nomination forms to contest for a Member of Parliament for the Assin North Constituency when the Electoral Commission of Ghana opened the nomination between October 5 to 9, 2020.
As part of the nomination forms, Quayson signed a Statutory Declaration under Part IV of the forms before a Judicial Officer that he did not owe allegiance to any country other than Ghana.
He subsequently went ahead to contest the parliamentary election on December 7, 2020 and won.
However, one Michael Ankomah-Nimfah, who had knowledge about Quayson’s Canadian Citizenship, then petitioned the Director-General, CID, to conduct a criminal investigation into a false declaration made by Quayson.
He contended in his petition that Quayson held dual citizenship as a Ghanaian and a Canadian at the time of his election. Therefore, he must be restrained from performing the duties of a Member of Parliament.
Nimah also proceeded to the Cape Coast High Court and prayed that an injunction is placed on John Gyakye Quayson.
The Court, having listened to the legal arguments of lawyers of the parties granted the injunction and ordered that James Quayson a.k.a. James Gyakye from holding himself out as MP-Elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-Elect as such until the final determination of the Petition filed against him by the applicant.”
Despite the court directive, Quayson still presented himself to be sworn in as the Member Parliament for Assin North Constituency.
He even took part in the voting of the Speaker of Parliament, an exercise he was advised by the Clerk of Parliament not to be part of but ignored.