The Supreme Court of Ghana, on May 17, 2023, ordered the House to expunge the name of James Gyakye Quayson as a Member 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 Quayson was not qualified at the time he contested the election 2020 in the Michael Ankomah Nimfah vrs James Gyakye Quayson case.
The apex court of the land has now released details of its judgement against the ousted Assin North Member of Parliament.
Below are the explanations the court gave for its direction to parliament:
1. Upon a true and proper interpretation of Article 94(2))a) of the Constitution, 1992 of the Republic of Ghana the 1st Defendant was not qualified at the time of filing his nomination forms between 5th to 9 October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency as a Member of Parliament.
2. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 the decision of the 2nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1st Defendant had not shown evidence of the cancellation of his citizenship of Canada is an act that is inconsistent with and violates Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana.
3. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for Assin North Constituency was unconstitutional.
4. 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.
Source: Ghana Web
