The Cape Coast High Court has granted an application for injunction restraining the NDC’s James Gyekye Quayson from holding himself out as MP-elect for Assin North over dual citizenship.
Mr. Quayson had been sued before the court for holding a Canadian citizenship at the time of filing his nomination forms with the Electoral Commission (EC) to contest in the parliamentary elections.
The petition filed by one Michael Ankomah-Nimfah states that the respondent’s failure to renounce his Canadian citizenship before filing his nomination violates Article 94 (1) (a) of the 1992 Constitution.
Appearing before the court, his lawyer, Abraham Amaliba presented documents to show that Mr. Quayson had taken steps to renounce his Canadian citizenship before filing his nomination.
But lawyer for the petitioner, Frank Davies argued that the respondent ought to have fully renounced his Canadian citizenship before filing his nomination to contest.
He added that Mr. Quayson should have had a certificate of renunciation before filing with the EC to contest the election.
The court presided over by Justice Kwadwo Boakye Tawiah, granted the application for injunction restraining Mr. Quayson from holding himself out as MP-elect.
He added that the issues raised against the respondent warrant a full trial.
Suit
The NDC Member of Parliament-elect for Assin North in the Central Region has been sued for allegedly holding a Canadian citizenship.
The plaintiff in a suit filed before a Cape Coast High Court alleges that the MP-elect, James Quayson did not renounce his Canadian citizenship when he filed his nomination to contest for the Parliamentary seat.
Michael Ankomah-Nimfah, the petitioner avers that Mr. Quayson’s failure to renounce his Canadian citizenship prior to the filing of his Parliamentary nomination form with the Electoral Commission (EC) renders him not qualified to contest for Parliamentary elections in Ghana as it offends Articel 94(2)(a) of the 1992 constitution.
He avers that the respondent’s failure to renounce his Canadian citizenship meant he “owed allegiance to Canada at the time of filing his nomination and any subsequent renunciation is of no legal effect whatsoever.
He is, therefore, seeking the court to declare that the filing of the parliamentary nomination form by the NDC MP-elect while holding on to his Canadian citizenship violates the constitution and is therefore illegal, void and of no effect.
He also wants an order of the court cancelling the parliamentary election in the Assin North constituency and ordering the EC to conduct a fresh election in the area.
Again, the petitioner want the court to to place a perpetual injunction on restraining James Quayson from holding himself out as MP-elect for Assin North constituency.
BY Gibril Abdul Razak