James Gyekye Quayson
The embattled National Democratic Congress (NDC) Member of Parliament for Assin North, James Gyakye Quayson, finally appeared before an Accra High Court yesterday to face charges of deceit, perjury among others as preferred against him by the Office of the Attorney General (AG).
A Cape Coast High Court presided over by Justice Akwasi Boakye in July last year, ordered the MP to leave parliament after finding that he held dual citizenship (Canada and Ghana) which is against the laws of Ghana, following a petition filed against the MP by an individual in the Assin North Constituency.
The MP made his maiden appearance after a criminal summon was issued by the court as several attempts by the prosecution to serve him with the charge sheet and the facts of the case failed.
The court, presided over by Justice Mary Nsenkyire, took his plea after turning down an oral application by Tsatsu Tsikata, counsel for the MP who wanted the court to stay proceedings and refer the interpretation of Article 94 Clause 2(a) to the Supreme Court.
He had told the court that the MP became aware of the charge sheet that had been posted outside the walls of his (MP) residence, suggesting that there had been a High Court order commanding him to appear before the court on February 15.
Mr. Tsikata argued that three of the five charges – knowingly making a false statement, perjury and false declaration for office, relate to Article 94 Clause 2(a) of the Constitution, and wanted the court to stay the proceedings for the Supreme Court to interpret the matter.
Opposition
The oral application was opposed by the Deputy Attorney General, Alfred Tuah-Yeboah, who argued that the mere mention of a constitutional provision in the facts does not warrant a stay of proceedings and a referral of the matter to Supreme Court for interpretation.
He said the referral will arise only when two or more rival interpretations are placed on a constitutional provision, something that has not even happened.
Justice Nsenkyire agreed with the Deputy AG that the mere mention of a constitutional provision in the fact does not warrant a referral to the Supreme Court for interpretation.
She, therefore, directed that the plea of the MP should be taken. Mr. Quayson then pleaded not guilty to all five charges.
Bail Application
The Deputy Attorney General told the court that they are not opposed to the grant of bail but prayed the court not to grant him a self-recognisance bail in view of the circumstances under which he was served.
He also suggested that the MP be made to deposit his passport with the registrar of the court, adding that reasonable conditions such as having two public servants serving as sureties be imposed, to ensure that the accused person avails himself any day he is needed by the court to face trial.
Unreasonable Conduct
Mr. Tsikata, however, opposed the terms of bail and suggested that the MP, who he said could have enjoyed a comfortable life in Canada but decided to serve the people of Assin North, decisively won the election.
He said it will be outrageous to suggest that such a person will have any reason not to subject himself as he had done yesterday for the court processes, despite the issues regarding the mode of service.
Justice Nsenkyire granted Mr. Quayson a bail of GH¢100,000 with one surety which must be justified. She also ordered him to deposit his passport with the registrar of the court.
The prosecution is to file its disclosures as well as witness statements of witnesses they will rely on for the trial while the MP is to file the addresses of witnesses he will call, in case the court determines that the prosecution has made a prima facie case against him. Hearing continues on March 15.
Trial
The MP has been charged, among others, for deceiving the Ministry of Foreign Affairs by making a false statement that he did not have a dual citizenship in order to acquire a Ghanaian passport.
Mr. Quayson has also been charged with perjury for making a false statement at Assin Fosu, that he does not owe allegiance to any country other than Ghana, a statement he did not have a reason to believe to be true at the time of making it.
Again, the MP has been charged for making a false declaration for office when he knowingly said he does not owe allegiance to any country other than Ghana, for the purpose of obtaining a public office as a Member of Parliament, a statement he knew to be material for obtaining that office.
BY Gibril Abdul Razak