Evans Nimako, Director of Elections for the New Patriotic Party, has applauded the Supreme Court’s ruling of the Assin North 2020 parliamentary election as null and invalid.
According to Mr. Nimako, the Supreme Court’s ruling vindicates the party’s long-held position that Mr Gyakye Quayson was not entitled to be a Member of Parliament since he possessed dual citizenship before to the elections.
On Wednesday, May 17, the Supreme Court issued a unanimous judgement ordering Parliament to remove James Gyakye Quayson’s name from its records as a Member of Parliament for the Assin North seat.
This comes after the Supreme Court upheld an application invoking the Supreme Court’s original jurisdiction on the legitimacy of James Gyakye Quayson’s election.
Evans Nimako, the NPP’s Director of Elections, told Citi News’ Court correspondent Hanson Agyemang that the Supreme Court has justified the NPP’s stance.
He also stated that the party will meet with its legal staff to determine the next course of action.
He also stated that the NPP is prepared to hold a by-election in Assin North if the Electoral Commission initiates the process.
“We have always held the position that he [Mr. Quayson] was not qualified, and the Supreme Court has said so. We will meet our lawyers and decide our next line of action.”
Lawyer for the plaintiff, Frank Davies after the court hearing also expressed appreciation indicating that the orders of the court are in line with upholding the sanctity of the constitution.
Background
In November 2020, a group calling itself ‘Concerned Citizens of Assin North petitioned the Electoral Commission in the Central Region to withdraw the candidature of Mr. Quayson, arguing that he owes allegiance to Canada.
James Gyakye Quayson, who stood on the tick of the National Democratic Congress as its parliamentary candidate in the Assin North constituency for the 2020 polls got 17,498 votes representing (55.21%) while Abena Durowaa Mensah, the New Patriotic Party’s candidate had 14,193 representing (44.79%).
Michael Ankomah-Nimfa, a teacher and resident of Yamoransa in the Central Region, subsequently filed a petition at the Cape Coast High Court after the election seeking to annul the declaration of Mr. Quayson as the MP Assin North.
The Cape Coast High Court in the Central Region upheld Mr. Akomah-Ninfa’s request and declared the 2020 parliamentary election held in the Assin North Constituency as null and void because Mr Quayson breached the provisions of the constitution with regard to dual citizenship.
Mr. Quayson subsequently appealed the judgment, at the Court of Appeal in Cape Coast.
Article 94 (2) says a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.
The matter later was sent to the Supreme Court.
Supreme Court dismisses Assin North MP’s application for Article 94 interpretation
The Supreme Court in March 2020 unanimously dismissed an application filed by James Gyakye Quayson to quash a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.
The five-member panel, also dismissed by a majority decision of 3-2, another application from Mr. Quayson for a stay of appeal proceedings at the Appellate Court and for referral of Article 94 (2) (a) of the 1992 Constitution to the Supreme Court for interpretation.
The panel at the time was composed of Justices Gabriel Pwamang as President, Agnes Dordzie, Gertrude Torkornoo, Clemence Honyenuga, and Yonny Kulendi.
