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James Gyakye Quayson, the MP for Assin North, has been granted a seven-day extension by the Supreme Court to file a review challenging the court’s declaration that his election was unconstitutional. Justice Ernest Yao Gaewu, a single justice of the Supreme Court, approved the request for additional time to file the review, which was made by Mr. Quayson’s lawyers led by Tsatsu Tsikata. They argued that the full reasoning behind the court’s judgment was only made available on June 5, 2023, and thus an extension was needed to prepare the review.
The court had previously ruled on May 17, 2023, that the entire election process of Mr. Quayson, including nomination, election, and swearing-in, violated Article 94(2)(a) of the 1992 Constitution, which prohibits individuals with dual citizenship from running as Members of Parliament. The court found that when Mr. Quayson filed his nomination forms in October 2020, he had not renounced his Canadian citizenship, making him ineligible under the Constitution. The court also determined that the Electoral Commission had violated the same constitutional provision by allowing Mr. Quayson to contest the election. As a result, the court declared his election and swearing-in as MP null, void, and unconstitutional.
The case was brought to the Supreme Court by Michael Ankomah-Nimfah, a constituent of Assin North, who sought the court’s interpretation and enforcement of the Constitution. A seven-member panel, chaired by Justice Jones Dotse, heard the case. The court stated that June 7 would file at the court’s registry the full reasons for its decision.
Previously, in July 2021, the Cape Coast High Court nullified Mr. Quayson’s election because he held Canadian citizenship while filing his candidacy. Mr. Ankomah-Nimfah then brought the case to the Supreme Court to interpret Article 94(2)(a) of the Constitution, the same provision used by the High Court to nullify Mr. Quayson’s election. Mr. Ankomah-Nimfah sought a declaration that Mr. Quayson was ineligible to contest the Assin North parliamentary seat because of his Canadian citizenship, along with a sign that the Electoral Commission breached the Constitution by allowing his candidacy. He also requested the court to declare the entire election process unconstitutional and void. Following the nullification of Mr. Quayson’s election by the High Court, he filed an appeal at the Court of Appeal, Cape Coast, which was later struck out for non-compliance with court rules on March 22.
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Source: Omanghana.com
