SC grants James Quayson extension of time to file a review

The Supreme Court of Ghana has granted a motion for an extension of time filed by counsel for the embattled Assin North candidate for the NDC, Mr. James Gyakye Quayson.

The lead counsel, Mr Tsatsu Tsikata had filed the motion arguing that his side received the full reasoning of the court on June 5, after it had been given on May 17, 2023.

The sole presiding judge, Justice Ernest Gaewu thus gave the applicant seven days within which to file the review.

On May 17, 2023, a seven-member panel of the Supreme Court presided over by Justice Jones Dotse declared as unconstitutional, the election of James Gyakye Quayson as Member of Parliament for the Assin-North Constituency. 

In its consequential orders, the court among others declared that Mr Quayson was not qualified at the time of filing his nomination form to contest in the 2020 Parliamentary election.

Also, it declared that 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.

Moreover, 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.

Additionally, the apex court ordered Parliament to expunge the name of the MP from its records.

Background

The applicant, Michael Ankomah-Nimfah filed a writ on  February 1, 2022, 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 thus sought 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.