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The Supreme Court has ruled for Parliament to remove James Gyakye Quayson’s name from its records as the Member of Parliament (MP) for Assin North.
A seven-member panel presided over by Justice Jones Dotse delivered the verdict on Wednesday, May 17.
It was a unanimous decision taken by the panel made up of Nene Amegatcher, Prof. Henrietta Mensah Bonsu, Mariama Owusu, Gertrude Torkornoo, Emmanuel Yonny Kulendi and Barbara Frances Ackah-Yensu.
The panel ruled that James Gyakye Quayson was not qualified at the time of nomination to qualify for the Assin North parliamentary elections in 2020.
The Supreme Court further ruled that the action by the Electoral Commission (EC) to allow Mr Quayson to contest when he had not shown his certificate of renunciation of his citizenship of Canada was unconstitutional, null and void and of no effect.
Additionally, the apex court said the swearing of Mr Quayson into office as MP for Assin North was also unconstitutional.
This implies that the EC is required to organise fresh elections for the vacant Assin North seat.
How it all started
A private citizen and a resident of Assin Berekum, Micheal Ankomah Nimfah, filed a suit at the Cape Coast High Court challenging the qualification of Mr Quayson as the MP for the area.
The plaintiff, a mason, averred that when Mr Quayson filed his nomination, he was still holding onto his Canadian citizenship and failed to denounce his citizenship as required by law.
Ghana’s laws bar dual citizens from holding public offices in Ghana.
In freezing the MP’s right to be in Parliament, the judge said: “the allegation contained is of grave nature, and he could not hold himself as MP.”
Also, the NDC MP-elect did not have the renunciation certificate to present before the court to confirm that he had indeed renounced his Canadian citizenship.
Although court documents showed the MP received his certificate on November 26, at the time he filed his nomination, he did not have the requisite qualification.
source:locotvgh.com