Breaking News: Supreme Court declares election of Gyakye Quayson unconstitutional

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