The embattled Assin North MP, James Gyakye Quayson, has filed for a review of the decision barring him from performing parliamentary duties.
This decision was taken after a petition brought before the apex court by Michael Ankomah-Nimfah, a resident of Assin Bereku in the Central Region.
Several days after the apex court ruling, the MP filed for a review on Tuesday, 26 April 26 2022.
The MP, in his latest application, said the 5-2 majority decision was a grave miscarriage of justice against him and the people of Assin North.
Among other things, Mr Quayson contends that the apex court lacked jurisdiction to determine the validity of a parliamentary election as it is the High Court that has such exclusive right.
He again emphasised that the Supreme Court failed to observe that the writ upon which it based its ruling sought to invite the apex court to enforce a High Court ruling.
“The majority decision was in patent and fundamental error and violated article 129(3) of the Constitution in assuming jurisdiction over the determination of the validity of a Parliamentary election and proceeding to grant the application for an interim injunction.
“The majority decision was in patent and fundamental error in failing to appreciate that the suit was, in reality, an attempt to enforce the decisions of the High Court disguised as an invocation of the original jurisdiction of the Supreme Court,” parts of the review application read.
The application is expected to be moved at the apex court on 17 May 2022.
How it all started
A private citizen and a resident of Assin Berekum, Micheal Ankomah Nimfah, filed a suit at the Cape Coast High Court challenging the qualification of Mr Quayson as the MP for the area.
The plaintiff, a mason, averred that when Mr Quayson filed his nomination, he was still holding onto his Canadian citizenship and failed to denounce his citizenship as required by law.
Ghana’s laws bar dual citizens from holding public offices in Ghana.
In freezing the MP’s right to be in Parliament, the judge said: “the allegation contained is of grave nature, and he could not hold himself as MP.”
Also, the NDC MP-elect did not have the renunciation certificate to present before the court to confirm that he had indeed renounced his Canadian citizenship.
Although court documents showed the MP received his certificate on November 26, at the time he filed his nomination, he did not have the requisite qualification.
NPP strategy
On December 23, 2020, the governing New Patriotic Party sought to trigger a by-election by challenging the eligibility of James Quayson to contest in the Assin North parliamentary elections, but he won.
Legal practitioner, Gary Nimako, asked the Ghana Immigration Service to confirm if the NDC MP-elect had renounced his Canadian citizenship before the December 7 parliamentary elections.
Cape Coast High Court Ruling
In the judgment on July 28, 2021, the court said the MP who was dragged to court weakened his case when his renunciation certificate date showed November 26, 2020, less than two weeks before the December 7, 2020 elections.
Per court records, Mr Quayson had two citizenship certificates at the time of filing.
He still had his Canadian citizenship when he filed for parliamentary elections between October 5 and October 9, 2020, meaning the NDC MP was not qualified when he applied to compete for the Assin North seat.
The trial judge Justice Kwasi Boakye also mentioned that it would be a scar and a blot on the country’s legal jurisprudence if the error in the December 2020 parliamentary polls is allowed to stand.
The court also said it would be a cancerous tumour in Ghana’s elections if Mr Quayson is allowed and continues to hold himself as Assin North MP.
In conclusion, the judge said the MP had violated certain constitutional provisions and other statutory provisions that guide Ghana’s elections. Therefore, a need for a fresh election to be held.