SC upholds decision to nullify Gyakye Quayson 2020 election

A nine-member Supreme Court review panel presided over by Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has by unanimous decision, dismissed an application by lawyers of James Gyakye Quayson seeking to review the decision of a seven member panel that declared the election and swearing-in of the National Democratic Congress (NDC) MP for Assin North in the Central Region, James Gyakye Quayson, as unconstitutional, null, void and of no effect.

The apex court of the land on 25 July 2023, said “the application for review filed by Tsatsu Tsikata, lawyer for James Gyakye Quayson, lacks merit and is therefore dismissed in its entirety.

Supreme Court review panel chaired by the Chief Justice, also include Justice Mariama Owusu, Justice Avril Lovelace-Johnson, Justice Prof. Henrietta Mensa-Bonsu, Justice Emmanuel Yonny Kulendi, Justice Barbara Ackah-Yensu, Justice Samuel Asiedu, Justice George Kingsley Koomson and Justice Ernest Gaewu.

The apex court in its earlier decision on 17 May 2023, held that Quayson was not qualified to contest for the position of Member of Parliament at the time of filing his nomination forms in the lead-up to the 2020 presidential and parliamentary elections.

The court further held that the Electoral Commission (EC) erred when it allowed Quayson to stand for the Assin North seat in the 2020 general election when he had not shown evidence of renunciation of his Canadian citizenship.

On 13 April 2022 the Supreme Court injuncted James Gyakye Quayson from holding himself as the MP for Assin North.

“The MP is restrained from holding himself as MP for Assin North and restrained from attending Parliament to conduct business on behalf of Assin North,” the presiding judge ruled.

Background

Quayson, in spite of a high court judgment that declared his election as an MP in the 2020 parliamentary election unconstitutional, continued to hold himself as a Member of Parliament and was seen attending sittings of the House and carrying out parliamentary duties.

Displeased with his actions, the petitioner in the high court action, Michael Ankomah-Nimfah, a resident of Assin North, filed an application at the Supreme Court seeking an order to injunct Quayson. He also sought an interpretation of Article 94 (2a) of the 1992 constitution of the republic, which states that “a person shall not be qualified to be a member of Parliament if he – (a) owes allegiance to a country other than Ghana”.

The injunction order of the Supreme Court will remain in force until the final determination of the application seeking interpretation of Article 94 (2a). The Cape Coast high court restrained Quayson from holding himself as the MP for Assin North on the NDC ticket.

On Wednesday 28 July 2021, Justice Kwasi Boakye also ordered that fresh parliamentary elections be held in the constituency. This followed a parliamentary election petition, brought by Michael Ankomah-Nimfah to the Cape Coast high court, seeking to annul the MP’s election.

Quayson polled 17,498 votes, against 14,793 for the New Patriotic Party’s Abena Durowaa Mensah, in the 7 December 2020 parliamentary election.

On 30 December 2020, Michael Ankomah-Nimfah filed a parliamentary election petition at the Cape Coast high court, challenging Quayson’s eligibility to be an MP.

He argued that the MP was not eligible because, at the time he (Quayson) filed his nomination to stand as a parliamentary candidate, he was still a citizen of Canada. The act of filing, he argued, was against the express provisions of Article 94 (2a) of the 1992 constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).

 

Reporting by Wilberforce Asare, Asaase Radio