James Quayson files for review of Supreme Court’s ruling against him

The embattled Assin North MP James Gyakye Quayson has filed for a review of an earlier ruling dismissing his application before the Supreme Court.

It will be recalled that a five-member panel of the apex court dismissed an application for certiorari and prohibition filed by the embattled MP against a High Court judge in his criminal trial over the judge’s decision not to exclude the statement of the first prosecution witness Richard Takyi-Mensah.

The panel chaired by Justice Jones Dotse ruled that the “motion for Certiorari and Prohibition against the July 12, 2022 decision of the High Court (Criminal Division) has no merit” and accordingly dismissed it.

But the disappointed and restrained legislator, through his lawyers led by Tsatsu Tsikata, are back in court, urging the apex court to rescind its earlier decision.

When the case was called on Wednesday, January 18, lead counsel Mr. Tsikata, prayed for time to be able to file additional grounds to their case because of the delay in receiving the full ruling of the court.

According to him, the court had indicated after the ruling on November 30, 2022, that the full decision was going to be ready on December 6, 2022.

However, they only received the full ruling on January 16, 2023, hence the need to file additional processes.

Adding her voice, the Director of Public Prosecution, Yvonne Atakora Obuobisa, also said: “they received the ruling on January 17 and would want to file their statement of case”.

After listening to the parties, the review panel of seven chaired by Justice Dotse consequently directed the applicant to file his additional grounds and any other processes by February 16.

The state prosecution is also expected to respond by February 22. The case has since been adjourned to March 1, 2023.

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 26 November, at the time he filed his nomination, he did not have the requisite qualification.

Cape Coast High Court Ruling 

In the judgment on 28 July 2021, the court said the MP who was dragged to court weakened his case when his renunciation certificate date showed 26 November 2020, less than two weeks before the 7 December 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 5 October and 9 October 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.

After the Cape Coast High Court ruling, the state initiated perjury charges against the embattled MP James Quayson.

He is facing five counts — deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.