Fifi Fiavi Kwetey
The Opposition National Democratic Congress (NDC) say they are ready for the by-election that will take place in the Assin North Constituency of the Central Region, following the Supreme Court ruling ordering Parliament to expunge the name of its Member of Parliament, James Gyakye Quayson out of its records as a Member of the House representing the area
According to the party, even though they are very disappointed in the Court ruling, but, ‘’Nonetheless, even as there are serious questions about the legitimacy of this decision after consultation with Quayson, the leadership of the National Democratic Congress (NDC) wishes to state unequivocally that we are ready for the by-election that is now the result of this decision’’.
The NDC in a statement, issued and signed by its General Secretary, Fifi Fiavi Kwetey said ‘’The full weight of the party, including the Minority Caucus in Parliament, will be put behind Honourable Quayson to ensure an even more resounding victory for him in the upcoming by-election’’.
This was after a 7-member panel of the court presided over by Justice Jones Dotse and with Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Henrietta Mensa-Bonsu, Yoni Kulendi, and Barbara Ackah-Yensu held that his election as a Member of Parliament was unconstitutional.
It was the opinion of the court that the Electoral Commission (EC) allowing him to contest the election without showing evidence of renunciation of his Canadian citizenship was unconstitutional.
The decision was contained in a short ruling and said its full reason would be made available on June 7, 2023.
The Supreme Court gave the order in its judgment on a writ filed by Michael Ankomah-Nimfa, before the court seeking the interpretation of Article 94 Clause 2a of the 1992 Constitution, which deals with the eligibility of a person to contest as an MP in Ghana.
However, Fifi Fiavi Kwetey said the party 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 unconstitutional.
According to the NDC, ‘’In the light of many previous decisions that we are aware of, including decisions in cases involving J.H. Mensah, Baba Jamal, and Peter Amewu that state that the Supreme Court does not have the jurisdiction to invalidate a Parliamentary election and that the High Court is where such a matter should be taken, it seems strange to us that the Supreme Court gave this decision’’.
He said ‘’Moreover, there is no doubt that James Gyakye-Quayson did not owe allegiance to any other country whether at the time of his nomination, election, or swearing in. We also look forward to seeing the reasons that the court will provide’’.
-BY Daniel Bampoe