The supreme court in a verdict on May 17 has ordered Parliament to expunge Gyakye Quayson’s name from its records.
Supreme Court Judge, Justice John Dotse presiding over the case gave the verdict that the Electoral Commission acted unconstitutionally in permitting Gyakye Quayson to contest the 2020 Parliamentary elections without providing proof of him renouncing his Canadian citizenship.
Representation in Parliament for the Assin North Constituency was affected after a resident of the constituency, Michael Ankomah Nimfah filed a case against the elected Member of Parliament that he wasn’t eligible to contest the elections due to his dual citizenship.
In the suit, Mr. Michael Ankomah Nimfah, the Plaintiff sought that the Cape Coast High Court rule that, upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution of Ghana, Parliamentary Aspirant of the NDC, Gyakye Quayson was not eligible as he had not renounced his Canadian Citizenship when he filed his nomination forms in October 2020 to contest the seat.
The high court put an injunction on the Member of Parliament elect from swearing in as an MP in parliament. However following the chaos that ensued at the beginning of the 8th Parliament, he was sworn in as the Member of Parliament for the Assin North Constituency.
This morning, a seven-member panel of the Supreme Court in a unanimous decision ruled that the swearing-in and contesting of the election was unconstitutional hence the Parliament should expunge Gyakye Quayson’s name from its records.
The lawyer for the Plaintiff mentioned that the onus now lies on the Electoral Commission to conduct a by-election. “It is for the EC to comply with the orders of the supreme court the constitutional injunction is that, if the seat is vacant, you organize a by-election,” he said.
He further explained they needed a strict interpretation of the matter hence invoking the jurisdiction of the supreme court.
“The fact that the High Court held that he was not qualified did not necessarily mean the Supreme Court was going to adopt the same. You should also bear in mind that the decision of the high court is being contested in the court of appeal indeed they filed an appeal. it was in the course of the appeal processes that we thought it wise to invoke the original jurisdiction of the Supreme Court to have this matter finally determined. The supreme court is the highest court in Ghana and it is the court which determines all constitutional matters. We wanted a strict and proper interpretation and true as that of Article 94(2)(a) and that is what has been done this morning”
The case was heard by Justices Jones Dotse, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu, Emmanuel Kulendi, and Barbara Ackah Ayensu.
