James Gyakye Quayson
In a unanimous decision, the Supreme Court of Ghana has ruled that the election of James Gyakye Quayson as a Member of Parliament (MP) for Assin North in the Central Region is unconstitutional. The court, consisting of a seven-member panel, ordered Parliament to remove Mr. Quayson’s name from the list of MPs, declaring his election null and void.
The court’s decision was based on the violation of Article 94(2)(a) of the 1992 Constitution, which stipulates that a person seeking election as a legislator must renounce their dual citizenship. It was determined that Mr. Quayson had not fulfilled this requirement at the time he filed his candidacy, thereby rendering his election invalid.
The seven-member panel, led by Justice Jones Dotse, included Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi, and Barbara Ackah-Ayensu. The court has stated that the full reasons for their decision will be provided by June 7, 2023.
The legal action against James Gyakye Quayson was initiated by Mr. Michael Ankomah-Nimfah, a constituent of Assin-North, who secured a judgment at the Cape Coast High Court in July 2021, annulling Mr. Quayson’s election based on his Canadian citizenship at the time of filing his candidacy. Mr. Ankomah-Nimfah subsequently approached the Supreme Court in January 2023, seeking an interpretation of Article 94(2)(a) and questioning the Electoral Commission’s decision to allow Mr. Quayson to contest the parliamentary election.
The Supreme Court’s April 2022 ruling ordered Mr. Quayson, a member of the National Democratic Congress (NDC), to cease acting as an MP until the constitutional challenge to his election was resolved. The majority decision, authored by Justice Kulendi, emphasized the need to uphold the rule of law and stated that allowing Mr. Quayson to continue serving as an MP while the constitutional issue remained unresolved would be detrimental to the administration of justice.
In conclusion, the Supreme Court’s declaration of James Gyakye Quayson’s election as MP for Assin North as unconstitutional represents a significant legal decision regarding adherence to constitutional requirements for eligibility as a legislator. The ruling underscores the importance of upholding the principles and provisions outlined in the Ghanaian Constitution.
