Cassiel Ato Baah Forson
THE Minority Caucus in Parliament has kicked against the ruling by the Supreme Court to expunge the name of Assin North MP, James Gyakye Quayson from the records of Parliament.
The opposition National Democratic Congress in Parliament described the ruling as a slap in the face of democracy and the rule of law.
In a press statement, issued and signed by the Minority Leader, Cassiel Ato Baah Forson, noted that Mr Gyakye Quayson was not a dual citizen as of the time of election and taking the oath of office into the Eighth Parliament.
According to him, “The intention of the framers of Ghana’s constitution is not to allow a dual citizen to perform the functions of a Member of Parliament,” he stated on Wednesday, May 17, 2023 hours after the unanimous decision.
He said, “It is therefore baffling that the Supreme Court could direct the removal from Parliament of such a person who has been duly elected as a Member of Parliament.”
The Court’s decision on Wednesday followed an application by plaintiff Michael Ankomah Nimfah to the justices to proffer a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution.
But Dr. Forson said the Minority will later study the reasoning of the court in its written judgment and state the caucus’s position strongly, adding that “We urge our rank and file to be calm while we pursue all legal avenues to ensure that justice is served.”
Contrary to the Minority Leader’s thinking, the Supreme Court in a unanimous ruling declared as unconstitutional the election of James Gyakye Quayson as a Member of Parliament (MP) for Assin North in the Central Region.
In a unanimous decision a seven-member panel of the Supreme Court ordered Parliament to expunge the name of Mr. Quayson as MP.
It was the considered view of the court that the election of Mr. Quayson breached Article 94(2) (a) of the 1992 Constitution because, at the time he filed to contest the elections, he was not qualified to be elected as a legislator since he had not renounced his dual citizenship
The court, therefore, declared Mr Quayson filing to contest, the EC’s decision to allow him to contest as well as his swearing-in as MP in Parliament as all unconstitutional, null, and void.
The seven-member panel of the court was presided over by Justice Jones Dotse, with Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi, and Barbara Ackah-Ayensu.
The court said the full reasons for its decision will be filed at the court’s registry by June 7, this year.
Below is the full statement from the Minority;
STATEMENT ON SUPREME COURT RULING DIRECTING PARLIAMENT TO REMOVE JAMES GYAKYE QUAYSON AS MEMBER OF PARLIAMENT
The Minority Caucus has become aware of the Supreme Court’s decision invalidating the nomination, election, and subsequent swearing-in of James Gyakye Quayson, Member of Parliament for Assin North, as being unconstitutional and of no legal effect, and subsequently directing Parliament to expunge his name from its records.
It is important to place on record that as at the time of his election, James Gyakye Quayson was not a dual citizen, neither was he a dual citizen as at the time he took the oath of office as a Member of Parliament.
The intention of the framers of Ghana’s constitution is not to allow a dual citizen to perform the functions of a Member of Parliament.
It is therefore baffling that the Supreme Court could direct the removal from Parliament of such a person who has been duly elected as a Member of Parliament.
While we are yet to study the reasoning of the court in making its decision, it appears to be a slap in the face of our democracy and the rule of law.
We shall inform the public of our position upon reviewing the reasoning of the Court in arriving at its decision. We urge our rank and file to be calm while we pursue all legal avenues to ensure that justice is served.
BY Daniel Bampoe