Provide clarity on Gyakye Quayson’s ruling- Bagbin to Supreme court

Source The Ghana Report

The Speaker of Parliament, Alban Bagbin, has asked the Supreme Court to provide clarity on its directive to Parliament to remove James Gyakye Quayson’s name from its records as the Member of Parliament (MP) for Assin North.

Some Members of Parliament have raised concerns about how to implement the Supreme Court’s order since the standing orders of the house do not provide a clear path on such a directive.

Commenting on the issue, Mr Bagbin said all activities the former Assin North legislator engaged in since January 2021 would hold until steps are taken on the way forward.

“What has just happened is strong evidence that there is a need for clarification. Don’t forget that the order is predicated on a number of declaratory rulings by the court, it was not given in isolation. There were four earlier declaratory judgements before the order came as the fifth. The other declaratory judgements said the election of the member was unconstitutional. As a result of that, it was null and void and of no effect.

“The order did not say the Speaker should expunge [his name]. It did not say any Member of Parliament or Clerk should expunge [the name], it says the institution called Parliament. So that institution must carry out the order. The only way the institution can carry out the order is for the institution to reason together. And that is only done in a setting where the opportunity is given to members to think through it.

“I don’t want to assume powers that are not clearly spelt out in any law. So I did indicate and mentioned to some members of the Supreme Court that there is a need for clarification,” he added.

The Supreme Court in a unanimous decision ruled for Parliament to remove James Gyakye Quayson’s name from its records as the Member of Parliament (MP) for Assin North.

A seven-member panel presided over by Justice Jones Dotse delivered the verdict on Wednesday, May 17.

The panel ruled that James Gyakye Quayson was not qualified at the time of nomination to be eligible for the Assin North parliamentary elections in 2020.

The Supreme Court further ruled that the action by the Electoral Commission (EC) to allow Mr Quayson to contest when he had not shown his certificate of renunciation of his citizenship of Canada was unconstitutional, null and void and of no effect.

Parliament then declared the seat vacant which paves the way for a by-election on June 27.

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