The Supreme Court Of Ghana's Historic Ruling: Election Of The Assin North MP, Mr. James Gyakye Quayson Declared Unconstitutional
Story by: Samuel K. Owusu
The Supreme Court of Ghana has rendered a landmark decision today, May 17, 2023, declaring the election of Mr James Gyakye Quayson as a Member of Parliament for the Assin North constituency in the Central Region unconstitutional.
In a unanimous ruling, the seven-member panel of the court presided over by Justice Jones Dotse and consisting of Justice Henrietta Mensa-Bonsu, Justice Yonny Kulendi, Justice Barbara Ackah-Yensu, Justice Nene Amegatcher, Justice Gertrude Araba Torkornoo, and Justice Mariama Owusu, held that Mr Quayson was not qualified at the time he filed to contest in the 2020 Parliamentary elections due to his dual citizenship status
The court's decision mandates the Parliament to expunge Mr James Gyakye Quayson's name from its records as a Member of Parliament representing the people of Assin North constituency. The ruling carries significant implications for the nation's democratic processes and underscores the importance of adhering to constitutional requirements when seeking public office.
The genesis of this case can be traced back to a constituent of Assin North, Mr Michael Ankomah-Ninfah, who won a judgment at the Cape Coast High Court. Mr Ankomah-Ninfah's legal victory was based on the assertion that Mr Quayson possessed Canadian citizenship at the time he submitted his candidacy for the parliamentary seat. This revelation prompted an investigation into Mr Quayson's citizenship status, leading to charges against him, including forgery of a passport, deceit of a public officer, perjury, and knowingly making a false statutory declaration.
The Supreme Court's ruling affirmed that Mr James Gyakye Quayson did not meet the constitutional requirements to run for the parliamentary seat, as he had not renounced his dual citizenship. This decision establishes a significant precedent, underscoring the imperative for aspiring parliamentarians with dual citizenship to fulfil the necessary legal procedures before seeking office.
In light of this ruling, it is essential to caution Ghanaians who aspire to become parliamentarians while holding dual citizenship. It is incumbent upon individuals to thoroughly understand and comply with the constitutional provisions governing political office eligibility. Failure to do so can not only result in disqualification but also potentially lead to legal repercussions, as evidenced by the charges filed against Mr Quayson.
The Supreme Court's unanimous decision reflects the commitment of Ghana's judiciary to upholding the rule of law and preserving the integrity of the democratic process. By diligently examining the evidence presented, the court has demonstrated its unwavering dedication to the Constitution and the principles it enshrines.
This ruling should be commended for its impartiality and adherence to legal principles. The seven-member panel of the Supreme Court has collectively affirmed the importance of constitutional compliance and the need to uphold the sanctity of public office. Their unanimous decision sends a clear message that eligibility requirements for parliamentary positions must be strictly adhered to, regardless of the individual's political affiliations or public standing.
In conclusion, the Supreme Court of Ghana's declaration of the election of Mr James Gyakye Quayson as a Member of Parliament for the Assin North constituency as unconstitutional marks a significant moment in Ghana's political landscape. This ruling serves as a reminder to all Ghanaians aspiring to hold public office of the necessity to respect and adhere to constitutional provisions. The decision showcases the judiciary's commitment to upholding the rule of law, preserving the integrity of the democratic process, and ensuring that only qualified individuals are entrusted with the responsibilities of public office
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