The Supreme Court, on Wednesday, April 13, ruled in a 5-2 majority decision that, the Assin North Member of Parliament, James Gyakye Quayson, is not the Member of Parliament for Assin North.
This comes after a citizen of Assin Bereku, by name of Michael Ankomah Nimfah, on January 27, 2022, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high court judgment annulled his election due to the issue of dual citizenship on July 28, 2021.
The judgement was done by a seven-member panel at the Supreme Court chaired by Justices Jones Dotse.
The other justices on the panel were Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof. Henrietta Joy Abena Mensah-Bonsu and Emmanuel Y. Kulendi.
Out of these Supreme Court justices, 5 decided against 2 other justices who opposed the ruling.
Interestingly, one of these justices was involved in a similar case relating to the late former Bawku Central Member of Parliament, Adamu Dramani who was charged, found guilty and subsequently jailed for perjury and forgery.
Yoni Kulendi who was the defence lawyer for Adamu Sakande when the high court ruled against the latter also sat on the case involving James Gyakye Quayson and formed the 5-2 majority that determined the ruling.
Adamu Sakande’s case:
The New Patriotic Party (NPP) Member of Parliament for Bawku Central was convicted after he was found guilty for perjury and forgery in 2012 over failure to denounce his UK Citizenship before contesting for the Bawku Seat.
Lawyer Yoni Kulendi in 2012 appeared for the defendant with Egbert Faibille Jnr. and Denis Adjei Dwumoh.
9 years down the line, the legal practitioner has joined the panel of Justices to rule on the case of the Assin North MP.
The embattled Member of Parliament for Assin North, James Gyakye Quayson had appealed against the High Court judgment but his appeal was struck out over his failure to file written submissions within the mandatory period.
The MP has since the Supreme Court ruling been barred from carrying out any parliamentary duties.
There is however case involving criminal charges against the Assin North MP currently before the Supreme Court.
Who took Adamu Sakande to court:
The case of the complainant, Sumaila Bielbiel, a cattle dealer was that, the late MP had contested and won the 2008 elections as the MP for Bawku Central at a time when he had multiple nationalities.
He had argued that, in spite of his multiple nationalities, the late MP, in making his application to contest the election in 2008, made false declarations to the effect that he did not owe allegiance to any other country apart from Ghana.