Professor Stephen Kwaku Asare, also known as Kwaku Azar, a Fellow at the Centre for Democratic Development (CDD-Ghana), has strongly disapproved of the Supreme Court's decision to nullify James Gyakye Quayson's election as the Member of Parliament for Assin North.
In an interview on Citi TV on June 14, 2023, Professor Azar criticized the Supreme Court's decision, calling it one of the worst cases he has seen in Ghanaian legal history. He expressed astonishment at what he perceived as the court's misinterpretation of the Constitution, disregard for statutory provisions, and insertion of timelines where none existed.
Professor Azar elaborated on his disagreement with the court's reasoning, particularly regarding the concept of allegiance and citizenship. He argued that owing allegiance to a country can be rooted in various reasons, not solely tied to citizenship, and that the court's reasoning was completely bizarre.
He lamented the plethora of errors in the case, stating that despite this, the court still went ahead with its decision. James Gyakye Quayson was charged with five counts, including perjury, deceit of a public officer, and false declaration in February 2022.
During the trial in July 2022, his lawyers led by Lawyer Tsatsu Tsikata questioned the competency of the Prosecution's First Witness, Richard Takyi-Mensah, a teacher, and his subsequent tendering of his witness statements.
However, the trial Judge Justice Mary Maame Ekue Yanzu overruled the objection on the grounds that the witness was competent and duly admitted the witness statements and paragraphs.
Dissatisfied with the High Court's ruling, Mr. Quayson and his lawyers filed a motion at the Supreme Court seeking to quash the decision of the trial judge and order of Prohibition against the judge.
Professor Azar's criticism of the Supreme Court's decision raises important questions about the interpretation of the Constitution and statutory provisions, and highlights the need for a fair and just legal system in Ghana.
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