The Director of Elections for the New Patriotic Party (NPP), Evans Nimako, has commended the Supreme Court for declaring the 2020 parliamentary election in Assin North as invalid.
According to Mr. Nimako, the ruling by the highest court confirms the party’s stance that Mr Gyakye Quayson was ineligible to be a Member of Parliament since he held dual citizenship before the polls.
On Wednesday, May 17, the Supreme Court unanimously ruled that Parliament should remove the name of James Gyakye Quayson from its records as a Member of Parliament for Assin North.
The ruling followed an application that challenged the constitutionality of James Gyakye Quayson’s election.
The NPP’s Director of Elections, Evans Nimako, told Citi News‘ Court reporter, Hanson Agyemang, that the Supreme Court has upheld the integrity of the constitution.
He said the party will consult its legal team and decide on the next course of action.
He also said the NPP is prepared for a by-election in Assin North if the Electoral Commission initiates processes for it.
“We have always maintained that he [Mr. Quayson] was not qualified, and the Supreme Court has agreed with us. We will meet our lawyers and decide our next course of action.”
The plaintiff’s lawyer, Frank Davies also expressed satisfaction with the court’s orders, saying that they are in line with preserving the sanctity of the constitution.
Background
In November 2020, a group called ‘Concerned Citizens of Assin North petitioned the Electoral Commission in the Central Region to disqualify Mr. Quayson’s candidature, arguing that he had allegiance to Canada.
James Gyakye Quayson, who contested on the ticket of the National Democratic Congress as its parliamentary candidate in Assin North for the 2020 polls secured 17,498 votes representing (55.21%) while Abena Durowaa Mensah, the New Patriotic Party’s candidate obtained 14,193 representing (44.79%).
Michael Ankomah-Nimfa, a teacher and resident of Yamoransa in the Central Region, later filed a petition at the Cape Coast High Court after the election seeking to annul Mr. Quayson’s declaration as the MP Assin North.
The Cape Coast High Court in the Central Region agreed with Mr. Akomah-Ninfa’s request and nullified the 2020 parliamentary election held in Assin North because Mr Quayson violated the provisions of the constitution regarding dual citizenship.
Mr. Quayson then appealed against the judgment at the Court of Appeal in Cape Coast.
Article 94 (2) states that a person shall not be qualified to be a member of Parliament if he has allegiance to a country other than Ghana.
The case later was referred to the Supreme Court.
Supreme Court rejects Assin North MP’s application for Article 94 interpretation The Supreme Court in March 2020 unanimously rejected an application filed by James Gyakye Quayson to set aside a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.
The five-member panel also dismissed by a majority decision of 3-2 another application from Mr. Quayson for a halt of appeal proceedings at the Appellate Court and for referral of Article 94 (2) (a) of the 1992 Constitution to the Supreme Court for interpretation.
The panel at that time consisted of Justices Gabriel Pwamang as President, Agnes Dordzie, Gertrude Torkornoo, Clemence Honyenuga, and Yonny Kulendi.
