Full Judgement: Supreme Court’s Ruling On James Gyakye Quayson

The Supreme Court has released the official document in which it declared as unconstitutional the election of James Gyakye Quayson as a Member of Parliament (MP) for Assin North in the Central Region.

This is after a seven-member panel of the apex court ordered Parliament to expunge the name of Mr Quayson from its records.

Presiding Judge, Justice Jones Dotse on Wednesday, May 17, ruled that the Electoral Commission (EC) acted unconstitutionally in allowing him to contest the 2020 parliamentary elections without proof of him renouncing his Canadian Citizenship.

This was after a case was filed by a resident of the constituency Michael Ankomah Nimfah.

Mr Nimfah had asked the court to rule that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of Ghana at the time Mr Quayson filed his nomination form in October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency, he was not qualified to contest a member of Parliament.

This provision of the constitution provides that a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.

The court in a unanimous decision thus ruled that Mr. Quayson was not qualified at the time of filing his nomination forms.

It further held that the EC allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.

It further declared that his election was unconstitutional, null and void and of no effect.

His swearing-in was equally declared to be unconstitutional with Parliament ordered to expunge his name from its records.

James Gyakye Quayson’s name was expunged from Parliament as the Member of Parliament for Assin North following a ruling by the Supreme Court in May 2023.

Parliament then expunged his name, declaring the seat vacant and paving the way for a by-election on June 27.

The Supreme Court ruled that Mr. Quayson was not qualified to contest the 2020 parliamentary elections in the Assin North Constituency at the time he filed his nomination forms on October 9, 2020.

The Court found that Mr. Quayson had not shown evidence of renouncing his Canadian citizenship, and that the Electoral Commission had granted him permission to contest the election without this evidence.

The Court further ruled that Mr. Quayson’s election as Member of Parliament for Assin North Constituency was unconstitutional.

The 7-member Court in a unanimous ruling stated that “the qualification of holding only Ghanaian citizenship must be present at the time of nomination, and not any date thereafter.”

The Court also held that “any person, who has obtained citizenship of another country other than Ghana, and who files for nomination with the Electoral Commission to contest for election as a Member of Parliament will not be qualified to contest for elections unless and until they show a record from the alternate State that they no longer hold the citizenship of that State as at the date of filing their nominations with the Electoral Commission.”

“Since Mr. Quayson had not received his certificate of renunciation as a Canadian citizen as of October 9, 2020, he was not qualified to be a Member of Parliament at the time he filed his nomination papers, at the time he stood for election, and at the time he was declared as elected Member of Parliament”.

“This court has to, therefore, reiterate its earlier conclusion that the qualification of holding only Ghanaian citizenship must be present at the time of nomination, and not any date thereafter – in this case by 9th October 2020”.

“Since the 1st defendant had not received his certificate of renunciation as a Canadian citizen as of 9th October 2020, then he was not qualified to be a Member of Parliament at the time that he filed his nomination papers, at the time he stood for elections, and at the time he was declared as elected Member of Parliament, because he owed allegiance to another country as at 9th October 2020, the date when he should have satisfied the qualification criteria”.

The Supreme Court among other things ordered Parliament to expunge the name of Mr. Quayson from its records as Member of Parliament for Assin North Constituency.

 

 

 

 

The case was heard by Justices Jones Dotse, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu, Emmanuel Kulendi and Barbara Ackah Ayensu.

 

 

 

 

 

 

Find a copy of the full ruling below: