EC Sets Date For Assin North Parliamentary By-election

The Electoral Commission has fixed the Assin North parliamentary by-election for Tuesday, June 27, 2023.

It follows the Supreme Court’s ruling on Wednesday, May 17, 2023, to the effect that the election of James Gyakye Quayson as Member of Parliament for the Assin North Constituency in 2020, was “unconstitutional, null and void and of no legal effect.”

This has made the seat of the constituency in Parliament vacant, and Parliament has subsequently communicated that vacancy to the Electoral Commission.

In accordance with Article 112 (5) of the 1992 Constitution, as amended, the Electoral Commission has decided to hold a By-Election in the Assin North Constituency on Tuesday, June 27, 2023.

 

 

Nominations

In a press statement issued by Jean Mensa, the Chairperson of the EC on Wednesday evening [May 31, 2023], the Electoral Commission announced that it will from Monday, June 12 to Wednesday, June 14, 2023 receive nominations from prospective candidates for the Election of a Member of Parliament for Assin North constituency.

 

The nominations will be received at the Assin North District Office of the Commission and that interested candidates are required to download the Nomination Forms from the Commission’s website (www.ec.gov.gh).

 

It said a “prospective candidate may personally deliver or cause to be delivered on his/her behalf by either the Proposer or Seconder of his/her Nomination, the completed Nomination Forms to the Returning Officer at the Assin North District Office of the Commission, on the dates and times stated above.”

 

The Nomination Forms for each Candidate shall be witnessed by the signature or mark of two (2) registered voters, as Proposer and Seconder, and supported by eighteen (18) other registered voters in the Constituency ds assenting to the Nominations.

 

The Nomination Forms shall also be endorsed with the Candidate’s consent to the Nomination.

 

A Candidate shall at the time of submitting his/her completed Nomination Forms, provide the Returning Officer with two (2) copies of a recent post card (bust sized) photograph against a red background, showing his/her full face and ears.

The filing fee for the election is Ten thousand Ghana Cedis (GHt10,000.00) per candidate.

All completed Nomination Forms are expected to be delivered in quadruplicate.

 

 

 

 

 

 

 

 

Background

The Supreme Court ordered Parliament to remove the name of Assin North Member of Parliament, James Gyakye Quayson, from the records of the Legislature.

In its judgement in the case of Michael Ankomah Nimfah vs James Gyakye Quayson, the Electoral Commission (EC) and the Attorney-General on May 17, 2023, the apex court ordered Parliament to expunge the name of the National Democratic Congress Member of Parliament, James Gyakye Quayson, as a sitting MP.

The court held that the whole process leading to the election of Mr Quayson– filing of nomination forms, election itself and swearing-in–were all in violation of Article 94(2)(a) of the 1992 Constitution, which bars a person with dual citizenship from contesting as an MP.

It was the considered view of the court that as of the time Mr Quayson filed his nomination forms in October 2020 to contest the Assin North seat, he had not renounced his Canadian citizenship and, therefore, was not qualified per Article 94(2)(a) of the Constitution.

In view of that the court further held that the EC also violated Article 94(2)(a) of the Constitution when it permitted Mr Quayson to contest the election.

“Upon the true and proper interpretation of Article 94(2)(a) the decision of second defendant [Electoral Commission] to permit the first defendant [James Gyakye Quayson] to contest the parliamentary election of Assin North when the first defendant had not shown evidence of the cancellation of his citizenship of Canada is an act which is inconsistent with and violates Article 94(2)(a) of the 1992 Constitution,” the court held.

Consequently, the court declared that the election of Mr Quayson as well as his swearing-in as an MP was unconstitutional, null, void and of no legal effect.

During the vetting of the Chief Justice Nominee, Justice Gertrude Torkornoo, on May 26, 2023, the Minority Leader, Dr Cassiel Ato Forson, hinted at a letter he received from the Attorney-General (AG), Godfred Yeboah Dame, ????requesting the Speaker of Parliament.????

Per the letter, he said, the A-G requested the Speaker to declare the Assin North seat vacant in light of the recent Supreme Court judgement.

He said the A-G cited the apex court as ordering Parliament to expunge James Gyakye Quayson’s name from its records after it found that he failed to renounce his Canadian citizenship at the time of filing his nomination forms to contest the polls.

The vacancy, he said, would require a by-election.
Ground work

Even before the declaration of the Assin North seat as being vacant, the Daily Graphic understands that the representatives of the two major political parties—the New Patriotic Party and the NDC—are currently on the ground in the constituency working to woo voters for their parliamentary candidates.

Besides, officials of the Ministry of Roads and Highways are also currently present in the area conducting a survey on possible roads that need to be tarred or constructed to make them more passable.