Supreme Court Releases Full Judgement On Why It Ordered Gyakye Quayson's Name To Be Expunged From Parliament

Supreme Court Releases Full Judgement On Why It Ordered Gyakye Quayson's Name To Be Expunged From Parliament

  • The Supreme Court has published the full judgement on its ruling on the James Gyakye Quayson saga
  • The full judgement relied heavily on 94(2) of the Constitution to justify its ruling that Parliament must expunge the name of Quayson as MP for Assin North
  • A seven-member panel of judges ruled unanimously that between October 5 to 9, 2020, Quayson was not qualified to file his nomination to contest the parliamentary elections

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The Supreme Court has released the full judgement on its May 17, 2023, ruling that directed Parliament to expunge the name James Gyakye Quayson as MP for Assin North.

In the full judgement released on June 5, 2023, the seven-member Supreme Court justices relied heavily on 94(2) of the Constitution to justify the decision that the declaration by the EC of Quayson in 2020 as a lawmaker for Assin North was null and void.

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The full judgement on James Quayson's matter has been released by the Supreme Court
James Gyakye Quayson and a longshot of a monument at the Supreme Court premises. Source: Facebook/@jamesgyakye.quayson.7, @UPSALawSchool
Source: Facebook

The case, "Michael Ankomah Nimfah vs James Gyakye Quayson" was determined unanimously by the following justices:

  1. Justice Jones Victor Dotse
  2. Justice Nene Amegatcher
  3. Justice Mariama Owusu
  4. Gertrude Araba Torkornoo
  5. Justice Prof. Henrietta Mensa-Bonsu
  6. Justice Yonny Kulendi and,
  7. Justice Barbara Ackah-Yensu

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Four key reasons why the Supreme Court ruled unanimously for Quayson's name to be removed as an MP

1. Per Article 94(2))a) of the 1992 Constitution, between October 5 to 9, 2020, Quayson was not qualified to file his nomination to contest the parliamentary elections for the Assin North Constituency.

2. Also, the justices of the apex court interpret Article 94(2)(a) of the Constitution, to mean that decision of the Electoral Commission to permit Quayson to contest the Parliamentary Elections in Assin North when he had not shown evidence of the cancellation of his citizenship of Canada constitutes act inconsistent with and violates the laws of Ghana.

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3. James Gyakye Quayson's election as MP, therefore, was unconstitutional.

4. Again per 94(2)(a) of the Constitution, the swearing-in of Quayson as Member of Parliament for the Assin North was unconstitutional, null and void and of no legal effect.

Click here to access the full pdf of the judgement.

James Gyakye Quayson is no more MP for Assin North

Meanwhile, YEN.com.gh reported in a previous story that the Supreme Court ordered Parliament to expunge the name of James Gyakye Quayson from its list of recognised Members of Parliament.

The apex court ruled last month that the man named opposition NDC MP for Assin North in 2020 failed to renounce his Canadian citizenship before standing for public office.

The seven-member Supreme Court bench led by Justice Jones Dotse determined that the election that declared Quayson winner in 2020 was null and void.

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Source: YEN.com.gh

Authors:
George Nyavor avatar

George Nyavor (Head of Politics and Current Affairs Desk) George Nyavor writes for YEN.com.gh. He has been Head of the Politics and Current Affairs Desk since 2022. George has over 9 years of experience in managing media and communications (Myjoyonline and GhanaWeb). George is a member of the Catholic Association of Media Practitioners Ghana (CAMP-G). He obtained a BA in Communications Studies from the Ghana Institute of Journalism in 2010. Reach out to him via george.nyavor@yen.com.gh.

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