Orders of the Supreme Court in Michael Ankomah Nimfah and James Gyakye Quayson

A seven-member panel of the Supreme Court has declared as unconstitutional, the election of James Gyakye Quayson as Member of Parliament for the Assin-North Constituency. 

Per this, the apex court has endorsed the judgment of the Cape Coast High Court which restrained the MP from holding himself as a legislator.

In its judgment today, the Supreme Court unanimously endorsed the following orders thus upholding the plaintiff's reliefs as follows;

Firstly, A declaration that per Article 94(2) (a) of the 1992 Constitution, Mr Quayson was not qualified at the time of filing his nomination form to contest in the 2020 Parliamentary election.

Secondly that per Article 94(2)(a) of the 1992 Constitution, the EC's decision to clear Mr Quayson to contest in the 2020 Parliamentary election was inconsistent with the Constitution and thus null and void.

Thirdly, the court ordered that Per Article 94(2)(a) of the 1992 Constitution, the election of Mr. Gyakye Quayson as MP for the Assin North Constituency is unconstitutional, null, and void.

Finally, the court declared that per Article 94(2)(a) of the 1992 Constitution, the swearing-in of Mr. Gyakye Quayson as MP for the Assin North Constituency was unconstitutional, null, and void.

The apex court thus duly ordered Parliament to expunge the name of the MP from its records.

The full decision of the court will be made available on or before June 7, 2023, the presiding judge Dotse(JSC) said.

Other members of the panel were Owusu(JSC), Nene Amegatcher (JSC), Torkonoo(JSC), M.Bonsu(JSC),Kulendi(JSC) and Ackah-Yensu(JSC).

Background

Mr. Quayson polled 17,498 votes 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 challenging 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.

His election was therefore annulled by the Court; ordering the organization of a fresh election in the constituency and injuncted the MP from holding himself as a Member of Parliament.

Mr. Gyakye Quayson then filed an application at the Court of Appeal in a quest to overturn the High Court judgment nullifying his election as a Member of Parliament.

However, unsatisfied with the Court of Appeal's decision not to refer to the interpretation of Article 94 (2), Mr. Quayson moved to the Supreme Court, seeking to quash the decision of the Appellate Court.

Subsequently, on February 1, 2022, the applicant Michael Ankomah-Nimfah, filed a writ seeking the interpretation of Article 94 (2a) and an injunction of the Member of Parliament from holding himself as such.

The petitioner also contended that Hon Quayson was not eligible on the basis that at the time of filing his parliamentary nomination, he held citizenship of another country (Canada) in addition to Ghana.

And was thus seeking among others a declaration that upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution, James Quayson held Canadian Citizenship at the time of contesting the 2020 Parliamentary election and thus was not eligible to do the same.

Prior to the final determination of the substantive case today, the Supreme Court on April 13, 2022, by a decision of 5 to 2 upheld the injunction application by the plaintiff and thus injuncted the Assin North MP, James Gyakye Quayson.