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Breaking News: Supreme Court declares election of Gyakye Quayson unconstitutional
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The Supreme Court has declared as unconstitutional the election of James Gyakye Quayson as MP for Assin North.
In a unanimous decision Wednesday morning (May 17, 2023), a seven-member panel of the Supreme Court ordered Parliament to expunge the name of Mr Quayson as MP, reports Graphic Online’s Emmanuel Ebo Hawkson from the court.
It was the considered view of the court that the election of Mr Quayson breached Article 94(2) (a) of the 1992 Constitution because at the time he filed to contest the elections he was not qualified to be elected as a legislator since he had not renounced his dual citizenship
The court therefore declared Mr Quayson filling to contest, the EC’s decision to allow him to contest as well as his swearing-in as MP in Parliament as all unconstitutional, null and void.
The seven -member panel of the court was presided over by Justice Jones Dotse, with Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi and Barbara Ackah-Ayensu
The court said the full reasons for its decision will be filed at the court’s registry by June 7, this year .
Plaintiff’s case against James Gyakye Quayson
In July 2021, Mr Michael Ankomah-Nimfah , a constituent of Assin -North won a judgment at the Cape Coast High Court nullifying Mr Quayson’s election on the basis that the MP held Canadian citizenship at the time he filed to contest the seat.
He then went to Supreme Court in January, this year for interpretation of Article 94 (2) (a), the same constitutional provision the High Court used to nullify Mr Quayson’s election.
His basis for going to the apex court was that despite the judgment by the High Court, Mr Quayson still continued to parade himself as an MP.
Mr Ankomah-Nimfah sought a declaration from the Supreme Court that upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution, at the time the EC opened nominations for people to file to contest the Assin North parliamentary seat, Mr Quayson held a Canadian citizenship and therefore was not eligible to contest.
Credit: Graphiconline
Lawyers for former NAFCO Chief Executive Officer, Hanan Abdul-Wahab Aludiba, say they will file an appeal despite a High Court directive for the Attorney General to amend two counts of defrauding by false pretences in the ongoing case.
The court on Wednesday ordered the AG to amend the two charges in the case involving the former NAFCO CEO and co-accused, Faiza Seidu Wuni.
Reacting to the ruling, counsel for Hanan Aludiba, Godfred Yeboah Dame, expressed dissatisfaction with the decision.
“Even though they’ve been ordered to amend some of the charges, we’ll still file an appeal. I think the decision was not so sound,” he said.
The case is part of ongoing prosecutions linked to alleged financial irregularities at the National Food Buffer Stock Company (NAFCO).
The High Court’s directive means the prosecution will have to revise aspects of the charge sheet before the trial proceeds further.
Background
Counsel for former NAFCO CEO Hanan Abdul-Wahab Aludiba, led by Godfred Yeboah Dame, filed an application seeking to have the charges against their client dismissed.
They contend the charges are fundamentally flawed and violate his right to a fair trial.
The State, represented by Deputy Attorney General Dr. Justice Srem-Sai, opposed the application, maintaining that the charges are valid and that the accused ought to face trial.
Lawyers for Hanan’s wife, Faiza Seidu Wuni, led by Augustine Obour, who would also benefit if the application succeeded, yielded their time to the lead counsel for the first accused.
By Edem Mensah-Tsotorme
News
High Court rejects dismissal request in NAFCO Case, orders prosecution to amend 2 of 16 Charges Against former CEO
The High Court has declined a request by lead counsel for former National Food Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab Aludiba, to dismiss charges against him, but has directed the Attorney General to amend two of the 16 counts filed against him.
Presiding Judge, Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting with additional responsibility as a High Court judge, ruled today that while the prosecution must revise Counts 9 and 14, the trial will proceed on all charges.
This means the trial of the couple will continue on a combined 20 counts.
Hanan Abdul-Wahab Aludiba is facing 16 counts, while his wife, Faiza Seidu Wuni, is facing 4 counts. Both pleaded not guilty on May 18, 2026 and are currently on bail.
Godfred Yeboah Dame, former Attorney General and lead counsel for the first accused, had argued for the dismissal of the charges. Reacting after the ruling, he said the decision was not sound and indicated plans to file an appeal.
“Even though they’ve been ordered to amend some of the charges, we’ll still file an appeal. I think the decision was not so sound,” he stated.
Augustines Obuor is lead counsel for the second accused, Faiza Seidu Wuni, whiles the Republic was represented by Dr. Justice Srem-Sai, Deputy Attorney General.
The case relates to alleged financial irregularities at NAFCO and is being closely watched as part of government’s efforts to hold public officials accountable.
The court has directed the prosecution to effect the amendments to Counts 9 and 14 before the trial proceeds further.
By Edem Mensah-Tsotorme
