NDC Assin North MP appeals High Court ruling annulling his election
In November last year, 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.
The Assin North Member of Parliament, James Gyakye Quayson has appealed the ruling of the Cape Coast High Court which annulled his election as MP for the constituency.
Mr.Quayson indicates in his appeal that the Court erred in its July 28, 2021 ruling.
In a notice of appeal filed on Monday, August 2, 2021, at the court of appeal and sighted by Dennislaw News, Mr. Quayson avers that the ruling by Justice Kwasi Boakye, the trial judge was not based on law or fact.
The MP is therefore seeking a number of reliefs from the court of appeal:
1. A declaration that the judgment of the High Court, Cape Coast, Coram Kwasi Boakye Jj. dated 28th July 2021, is void for having been issued out of the jurisdiction.
2. An order setting aside the judgment of High Court, Cape Coast, Coram Kwasi Boakye J., dated 28th July 2021.
3. An order setting aside the award of costs against the appellant and in favor of the petitioner/respondent and the 2nd Respondent/Respondent
4. Costs in favor of the appellant.
5. Any further order(s) the Court may deem fit.
The Cape Coast High Court on the 28th July 2021, nullified the election of Mr. Quayson indicating that he owed allegiance to another country(Canada) at the time of filing his nomination to contest in the 2020 General election.
His election was therefore annulled by the Court; ordering the organization of fresh election in the constituency and injuncted the MP from holding himself as a Member of Parliament.
Background
After Mr.Quayson was declared winner in the 2020 parliamentary election, he was dragged to court by Michael Ankomah-Nimfa, a resident of Assin Bereku in the Central Region.
Mr. Akomah-Ninfa filed a petition at the Cape Coast High Court seeking to annul the declaration of Mr. James Gyakye Quayson as the Member of Parliament for the Assin North Constituency for owing allegiance to Canada.
In November last year, 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.
According to Article 94 (2) (a) of the 1992 constitution of Ghana, “A person shall not be qualified to be a member of Parliament if he or she – (a) owes allegiance to a country other than Ghana.”
The National Democratic Congress (NDC), had insisted that their MP is “a full citizen of Ghana who owes no allegiance whatsoever to any other country.
