The Supreme Court has ordered Parliament to expunge the name of Assin North member, James Gyakye Quayson’s name from its records as a legislator.
Presided over by Justice Jones Dotse, the Court ruled that the Electoral Commission (EC) acted unconstitutionally in allowing the Assin North MP to contest the 2020 parliamentary elections without proof of renunciation of his Canadian Citizenship.
The plaintiff, Michael Ankomah-Nimfah filed the application after securing a judgment at the High Court in Cape Coast injuncting Gyakye Quayson from holding himself as MP after the court ruled that by being a Canadian citizen, he was not qualified to contest as an MP in Ghana.
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The suit also prayed the court to rule that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of Ghana at the time Mr Quayson filed his nomination form in October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency, he was not qualified to contest as a member of Parliament.
The case heard by Justices Jones Dotse, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu, Emmanuel Kulendi and Barbara Ackah Ayensu saw them reaching a unanimous decision that Mr Quayson was not qualified at the time of filing his nomination forms.
It further held that the EC allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.
It further declared that his election was unconstitutional, null and void and of no effect.
His swearing-in was equally declared to be unconstitutional with Parliament ordered to expunge his name from its records.
The ruling by the seven-member panel of the Supreme Court bars Mr Quayson from holding himself as a Member of Parliament.
Meanwhile, the Minority in Parliament has described the Supreme Courts’ directive as baffling.
A statement by Minority leader, Dr. Ato Forson argued that as of the time of his election in 2020, Gyakye Quayson was not a dual citizen, neither was he a dual citizen at the time he took the oath of office as MP.
He said, “The intention of the framers of Ghana’s constitution is not to allow a dual citizen to perform the functions of a Member of Parliament.
“It is therefore baffling that the Supreme Court could direct the removal from Parliament of such a person who has been duly elected as a Member of Parliament.”
The Minority, he said, is yet to study the reasoning of the court in making its decision that appears to be a slap in the face of Ghana’s democracy and rule of law.
