The Supreme Court has unanimously dismissed an application filed by Assin North Member of Parliament, James Gyakye Quayson on Tuesday April 5, 2022.
Justice Jones Dotse reading the ruling noted that the application for review filed by the Assin North MP lacks merit.
“The application lacks merit and is accordingly dismissed”, Justice Dotse stated.
James Gyakye Quayson in his application was urging the Apex court to set aside its March 8, ruling that ordered the legislator to file his defence in a case seeking to stop him from performing parliamentary duties.
He indicated that the detailed reasons for the court’s position will be filed at the Court’s registry.
The case is being heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi. Prof Ashie Kotey and Justice Clemence Honyenuga are the two judges that joined the original 7 member panel for this review.
Background
Mr Quayson polled 17,498 votes as against 14,793 by the New Patriotic Party’s (NPP’s) Ms Abena Durowaa Mensah in the December 7, 2020 parliamentary election.
On December 30, 2020, a resident of Assin North, Mr Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be an MP.
On July 28, 2021 following that petition by Mr Ankomah-Nimfah, the Cape Coast High Court declared Mr Quayson’s election as void, on the basis that he owed allegiance to another country other than Ghana, contrary to Article 94(2) of the 1992 Constitution.
It was the considered view of the court that as of the time Mr Quayson filed to contest the MP position, he had not renounced his Canadian citizenship and, therefore, he was not qualified to become a legislator.
The court, presided over by Justice Kwasi Boakye, ordered the EC to organise a new election in the constituency.
Mr Quayson filed an appeal at the Court of Appeal challenging the judgment of the Cape Coast High Court.
