The Supreme Court has in a unanimous decision declared the election of James Gyakye Quayson as Member of Parliament for Assin North as null, void and unconstitutional.
The panel of seven presided over by Justice Jones Dotse, the election of James Quayson when he owed allegiance to a country other than Ghana is “inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic o Ghana 1992.”
The court orders Parliament to expunge his name as MP from the records of Parliament.
Justice Jones Victor Dotse, Justice Nene Amegatcher, Justice Mariama Owusu, Gertrude Araba Torkornoo, Justice Prof. Henrietta Mensa-Bonsu, Justice Yonny Kulendi and Justice Barbara Ackah-Yensu declared that Mr Quayson was not qualified at the time he contested the election in 2020.
All relief sought by the plaintiff were granted and the full reasons of the panel would be ready on June 7.
Background
The application under consideration is anchored on a writ which the Applicant caused to be issued on the 24th of January, 2022, invoking the original jurisdiction of this Court for the following reliefs:
1. “A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form between 5 – 9th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency the 1st defendant was not qualified as a member of Parliament.
2. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the decision of the 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Assin North Constituency when the 3rd Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic o Ghana 1992.
3. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of Defendant as Member of Parliament for the Assin North Constituency was unconstitutional.
4. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the constitution, 1992 of the Republic of Ghana the swearing in of 1st Defendant as Member of Parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.
5. Any further Orders and / or Directions as the Court may deem fit to give effect or enable effect to be given to the Orders of the court.