A by-election is about to be held in Assin North in the Central Region as a result of the Supreme Court's directive that Parliament remove James Gyakye Quayson's name from the list of current Members of Parliament (MPs) for the seat. Quayson represents the National Democratic Congress (NDC).
The order was issued by a seven-member panel of the Supreme Court yesterday after it unanimously ruled that Mr. Quayson's election as an MP in 2020 was illegal.
"Parliament is ordered to expunge the name of the first defendant (James Gyakye Quayson) as Member of Parliament for Assin North Constituency," the court stated.
A violation of the law
The court determined that every step of the election of Mr. Quayson, including the submission of nomination papers, the actual election, and the swearing-in, violated Article 94(2)(a) of the 1992 Constitution, which prohibits a dual citizen from running for office as an MP.
The court reasoned that Mr. Quayson was ineligible under Article 94(2)(a) of the Constitution because he had not relinquished his Canadian citizenship as of the time he submitted his nomination paperwork to run for the Assin North seat in October 2020.
Due to this, the court further determined that by allowing Mr. Quayson to run for office, the Electoral Commission (EC) also violated Article 94(2)(a) of the Constitution.
James Gyakye Quayson was given permission by the second defendant (the Electoral Commission) to run in the Assin North parliamentary election based on a true and proper reading of Article 94(2)(a). The court ruled that the first defendant had not shown any proof that the act that resulted in the revocation of his Canadian citizenship was unlawful and in violation of Article 94(2)(a) of the 1992 Constitution.
As a result, the court ruled that Mr. Quayson's election and swearing-in as an MP were illegal, invalid, and without legal standing.
The election of the first defendant [James Gyakye Quayson] as Member of Parliament for Assin North was illegal, null, and invalid, and had no legal effect, according to a true and proper reading of Article 94(2)(a) of the 1992 Constitution.
James Gyakye Quayson was sworn in as an Assin Member of Parliament in accordance with the genuine and appropriate interpretation of Article 94(2)(a) of the 1992 Constitution.
Michael Ankomah-Nimfah, an Assin North voter, asked the court to use its constitutional interpretation and enforcement authority to rule that Mr. Quayson's election was invalid.
The seven-member court panel, which included Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Professor Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi, and Barbara Ackah-Ayensu, was presided over by Justice Jones Dotse.
By June 7 of this year, the court's register would have all the justifications for its judgment, according to the court.
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