Ruling on Assin North MP’s Eligibility:
Supreme Court Stands Firm: The Supreme Court of Ghana has upheld its decision regarding the eligibility of James Gyakye Quayson to contest in the 2020 polls. The court found the MP ineligible due to his dual allegiance to Canada at the time of filing his nomination forms, leading to a second parliamentary election for the people of Assin North. Despite emerging victorious in the by-election, Mr. Quayson’s legal team pursued a review at the apex court, alleging basic errors of law in the initial decision.
Pursuit of Review:
James Gyakye Quayson’s Legal Team’s Unsuccessful Attempt: Mr. Quayson’s lead counsel, Tsatsu Tsikata, presented the review application, urging the court to set aside its decision, claiming it resulted in a miscarriage of justice. He argued that the court should have ordered Mr. Quayson to vacate his seat instead of expunging his name from Parliament’s records. Additionally, he contested the court’s interpretation of eligibility requirements and the distinction between allegiance and citizenship.
Allegiance vs. Citizenship:
Arguments and Disagreements in the Review Application: The Attorney General, Godfred Yeboah, disagreed with the review application, stating that the court’s decision was not misrepresented. He pointed out that a review is not an opportunity to re-argue the case but to demonstrate exceptional circumstances leading to a miscarriage of justice or the discovery of new and important evidence. Lawyers representing the resident of Assin North, who initiated the matter, also agreed with the Attorney General’s position, accusing Mr. Tsikata of misrepresenting the court’s decision.
Unmeritorious Application:
Chief Justice Gertrude Torkonoo Dismisses the Review: After careful consideration, the nine-member panel, presided over by Chief Justice Gertrude Torkonoo, ruled that the review application lacked merit. The Chief Justice emphasized that the application merely rehashed matters already presented before the court. She reaffirmed that the Supreme Court has the authority to issue necessary orders to give effect to its rulings, and the order to expunge Mr. Quayson’s name from Parliament’s records was within this authority. The review application was consequently dismissed as unmeritorious.
