The Supreme Court has released the complete judgment in which it declared the election of James Gyakye Quayson as the Member of Parliament (MP) for Assin North in the Central Region unconstitutional.
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.
Below is the full judgment
