Cape Coast High Court annuls Assin North Parliamentary Election
The Judge further ruled that the subsequent clearance by the EC for James Gyakye to contest in the 2020 parliamentary elections was illegal, void and of no effec
A Cape Coast High Court has cancelled the 2020 Parliamentary Election for the Assin North Constituency.
The Court presided by Justice Kwasi-Boakye perpetually restrained James Gyakye Quayson from holding himself as the MP for the Assin North Constituency.
Mr Quayson polled 17,498 votes as against 14,793 by the New Patriotic Party’s (NPP’s) Ms Abena Durowaa Mensah in the December 7, 2020 parliamentary election.
However on December 30, 2020, a resident of Assin North, Mr Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court to challenge the eligibility of Mr Quayson to be a Member of Parliament (MP).
He contended that the MP was not eligible on the basis that at the time he (Hon. Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.
Furthermore, he argued that, such an act was against the express provision of Article 94 (2) (a) of the 1992 Constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).
Among other reliefs, the applicant prayed the Cape Coast High Court to declare the nomination filed by Mr Quayson “illegal, void and of no legal effect”.
He also sought a declaration that the decision by the EC to clear Mr Quayson to contest as a parliamentary candidate was “illegal, void and of no legal effect”.
Again the applicant prayed the court for orders to restrain Mr Quayson from holding himself as the MP-elect for Assin North and cancelling the parliamentary election that took place in Assin North on December 7, 2020 respectively.
In its ruling, the court upheld the petitioner’s prayer that the election of Hon. Quayson was in contravention of Act 94(2) and Section 92(A) of the Representation of People’s Act(PNDCL 284).
The Judge further ruled that the subsequent clearance by the EC for James Gyakye to contest in the 2020 parliamentary elections was illegal, void and of no effect.
The presiding Judge therefore called for a fresh Parliamentary election for the Assin North Constituency.
