The criminal case against James Gyakye Quayson, the ousted Member of Parliament (MP) for Assin North, is set to resume on June 16, 2023. The prosecution will proceed with the cross-examination of the first witness. The case had been adjourned on May 24.
Charges include deceit of a public officer, forgery of passport or travel certificate, making false statutory declarations, perjury, and false declaration for office. These offenses are in violation of various sections of the Criminal Offences Act, the Passport and Travel Certificate Act, and the Statutory Declarations Act.
Specific charges
Specifically, Mr Quayson is before the High Court on five charges, which are deceit of a public officer, contrary to Section 251(b) of the Criminal Offences Act, 1960 (Act 29). He has also been charged with forgery of passport or travel certificate, contrary to Section 15 (1) (b) of the Passport and Travel Certificate Act, 1967 (NLCD 155), and knowingly making a false statutory declaration, contrary to Section 5 of the Statutory Declarations Act 1971 (Act 389).
Other charges are perjury, contrary to Section 210(1) of the Criminal Offences Act, 1960 (Act 29) and false declaration for office, which is contrary to Section 248 of the Criminal Offences Act, 1960 (Act 29).
According to the charge sheet, Quayson is accused of deceiving the Ministry of Foreign Affairs in July 2019 by falsely stating that he did not hold dual citizenship, with the intent to obtain a Ghanaian passport. He allegedly made false statements denying dual citizenship during the passport application process. Additionally, he is charged with making a false statement on oath, claiming allegiance solely to Ghana, while he possessed Canadian citizenship at the time.
The former MP is also accused of using the false declaration of allegiance to Ghana to secure his position as a Member of Parliament. The Attorney-General, in the charge sheet, states that Quayson was issued a Ghanaian passport based on this misleading information.
Prosecution further argues that before the 2020 general elections, Quayson obtained nomination forms to run for the position of MP, despite being both Ghanaian and Canadian citizen. This dual citizenship rendered him ineligible under Article 94(2)(a) of the 1992 Constitution. The accused allegedly used a sworn statutory declaration falsely claiming allegiance only to Ghana during the nomination process. It is noted that he filed his nomination forms with the misleading information.
The prosecution also highlights that the accused received a Certificate of Renunciation of his Canadian citizenship approximately 40 days after submitting the false statutory declaration and nomination forms.
The Criminal Investigation Department (CID) initiated investigations into the matter following a petition filed by the complainant on January 14, 2021. Quayson now awaits the continuation of his criminal case, which will play a crucial role in determining the legal consequences he may face.
Below is the charge sheet