James Gyakye Quayson Finally Declares Intention To Contest In Assin North By-Election
James Gyakye Quayson whose position as the Member of Parliament(MP) for Assin North in the Central Region was declared vacant following a Supreme Court decision to annul his election to Parliament, has agreed to contest in the by-election scheduled for Tuesday, June 27, 2023.
The Supreme Court on Wednesday, May 17, declared that the election of James Gyakye Quayson as the National Democratic Congress Member of Parliament (MP) for the Assin North constituency is unconstitutional.
James Quayson in a statement released on June 1, 2023, noted that during his tenure in office as the Member of Parliament for Assin North, he served wholeheartedly with the interest of his constituents in mind.
Moreover, he was of the view that his relationship with the people of the constituency goes beyond leading them as a representative in Parliament as he is ready to meet all their needs.
“When I took the decision to put myself forward as a candidate for the 2020 Parliamentary Election in the Assin
North constituency, on the ticket of the National Democratic Congress (NDC), I did so with a determination to
serve the people of the constituency with all my heart, soul, body, and all the resources I could muster in the
service of my people. My roots in the Assin North Constituency run deep and all I wanted was the opportunity to
meet the needs of my people on a larger scale. The Assin North Constituency lives in abject stagnation as a result
of years of neglect”.
“I renounced my Canadian citizenship in December 2019 and returned to Ghana to serve you, my people of Assin
North. When I declared on my Nomination Forms in October 2020 that l owed no allegiance to any country other
than Ghana, that was, indeed, the truth. To date, no one has provided any evidence that I owed allegiance to
Canada at the time I filed my nominations and when I was elected and sworn in as your Member of Parliament”.
“When a group of people sent a petition against me to the Electoral Commission (EC) to allege that I owed allegiance
to Canada, they were invited to provide evidence to support their allegations but they failed to provide any
evidence of my owing allegiance to Canada beyond my having had Canadian nationality. Accordingly, the EC
cleared me fit and qualified to contest and, on the 7th of December, 2020, you rose up and got me duly elected as
your Member of Parliament with a resounding victory”.
“The EC is the body the Constitution has granted the mandate to conduct public elections. What did I do wrong in going by the decision of the EC that I was duly qualified to contest the election? Has the EC been prosecuted for its determination that I did not owe allegiance to a country other than Ghana?”
“On 17th May 2023, the Supreme Court of Ghana gave a ruling declaring as invalid my nomination, election, and
subsequent swearing-in as your Member of Parliament. The Court did not give its full judgment with reasons but
stated that the full judgment would be available “on or before 7th June 2023” an excerpt of the statement indicated.
Highlighting the response of the NDC Chairman Johnson Asiedu Nketiah on the Supreme Court’s decision to declare the Assin North seat vacant he said, “In the light of many previous decisions that we are aware of, including decisions in cases involving Honourable J.H. Mensah, Honourable Baba Jamal and Honourable Peter Amewu 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.”
“To buttress this point, let me read a passage in the ruling of Justice Torkonoo in the Supreme Court when the
court dismissed an application for review in the Amewu case. Her Ladyship said: “As referred to by Appau JSC on
page 7 of the decision under review, this court has settled through cases such as Yeboah v. JH Mensah [1998-99] SCGLR 492 and In Re Parliamentary Election for Wulensi Constituency Zakaria v. Nyimakan 2003-2004 1 SCGLR 1, that the effect of Section 16 of PNDC Law 284 (continued in force through Article 11(1)(d) of the Constitution) and Article 99 is that any cause of action that is in substance and reality one that questions the validity of a parliamentary election and its outcomes, must necessarily be prosecuted through a parliamentary election petition in the High Court. And neither the Supreme Court, in its several jurisdictions, nor the High Court in its various jurisdictions, has jurisdictions to grant reliefs relating to a parliamentary election without a hearing conducted via Petition to question that election in the High Court.” (at p. 15)”.
“Despite what Her Ladyship said has been “settled through cases”, we now have a decision of the Supreme Court
that contrary to what has been “settled”, claims to invalidate a Parliamentary election! Let me quote another passage from the ruling of Justice Torkonoo in that same ruling in the Amewu case: “By providing that the validity of elections is questioned only through a process that allows for a trial, the situation of deciding the validity of an election on the strength of a motion and affidavit evidence has been disallowed by statute and judicial interpretation on articles 33 and 99 cited above.” (at p. 17)”.
“Justice Dotse said in the Baba Jamal case that “once the Constitution and the statutory law, namely, section 16(1) and (2) of PNDCL 284 have both provided a remedy and a forum for the adjudication of certain types of disputes, to wit, the validity of the election of a Member of Parliament, it follows that it is that forum and procedure that must be strictly applied.” He had, earlier in that judgment, stated: “I am therefore of the firm opinion that once the law has provided that the only valid method in PNDCL 284 by which election disputes are to be commenced is by petition as distinct from writs of summons, then it follows that, if that prescribed method or procedure is not strictly followed, what has been wrongly commenced cannot be accomplished….. once the first interested parties have failed to strictly adhere to the provisions of PNDCL 284 as will be shortly established, it follows that their action falls flat in the face of the law”.
“This must not be countenanced by a court of law, especially the Supreme Court for that matter. This is because it is from the Supreme Court that all the other courts take direction and guidance, because of the principle of stare decisis. This application of the principle of stare decisis or judicial precedent does not involve an exercise of judicial discretion at all. It is what must be done, that is done; it is, in essence, mandatory.” Similar statements from the Supreme Court can be quoted from other cases: the JH Mensah and Wulensi constituency cases, for instance. They all say the same thing, that only through an election petition in the High Court can you question the validity of a Parliamentary Election”.
James Quayson announcing his decision to contest in the upcoming by-election disclosed that he is waiting patiently for the set date of the by-election to contest on the ticket of the NDC.
He showed appreciation to the youth of Assin Bereku for organizing a Vigil aimed to rally support for his return to Parliament.
“Having made that point, let me make it clear to everyone that the most important thing to me right now is to
contest and win the bye-election which is the result of what the Supreme Court announced on 17th May 2023. I
am determined to continue serving the good people of the Assin North with all my heart, soul, body, and all the
resources I can muster for the benefit of my constituents. I have been deeply touched by the amazing support and
encouragement from you in the constituency after the Supreme Court decision on 17th May 2023. I was
particularly moved by your show of love and support through the vigil organized by the youth at Assin Bereku on
Sunday 28th May 2023. The massive attendance showed the depth of the support and encouragement I am
receiving. I was really touched.”
The Electoral Commission Chairperson on May, 31, announced that interested candidates for the Assin North by-election can download the nomination forms from the Commission’s website (www.ec.gov.gh) starting today, June 1, 2023.
The Commission added that nominations would be received at the Assin North District Office of the Commission from Monday, June 12, 2023, to Wednesday, June 14, 2023, between 9:00 a.m. to 12:00 p.m., and 2:00 p.m. to 5:00 p.m. each day.
Find The Full Statement Below