The Member of Parliament for Bawku, Mahama Ayariga, is disappointed over the Supreme Court’s verdict in the case of embattled Assin North legislator, James Gyakye Quayson.
Speaking on JoyNews’ PM Express, Mr Ayariga observed that the Apex Court deviated from the core issues at hand.
“When you read the judgement, you find out that the court veered off the real issues before them and focused on another issue that truthfully speaking is not the province of the Supreme Court,” he said on Tuesday.
The case in question pertains to the eligibility of the Assin North MP to hold public office as a legislator.
However, Mr Agyariga believed the court’s role should have been to assess the evidence and arguments presented, weigh them against the constitutional provisions and legal precedents, and arrive at a well-founded decision based on the law.
A process, the Bawku legislator said the judgement appears to have veered off course, delving into an unrelated issue that should not have been within the jurisdiction of the apex court.
In July 2021, Mr Ankomah-Nimfah won a judgment at the Cape Coast High Court nullifying Mr Quayson’s election on the basis that the MP held Canadian citizenship at the time he filed to contest the seat.
He then went to the Supreme Court in January, this year for interpretation of Article 94 (2)(a), the same constitutional provision the High Court used to nullify Mr Quayson’s election.
His basis for going to the apex court was that despite the judgment by the High Court, Mr Quayson still continued to carry himself as MP.
Mr Ankomah-Nimfah sought a declaration from the Supreme Court that upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution, at the time the EC opened nominations for people to file to contest the Assin North parliamentary seat, Mr Quayson held a Canadian citizenship and, therefore, was not eligible to contest.
He further wanted the court to declare that the EC breached Article 94(2)(a) of the 1992 Constitution when it allowed Mr Quayson to contest the parliamentary election in Assin North when he owed allegiance to another country.
Again, he urged the Supreme Court to declare the entire process that led to Mr Quayson’s election as MP for Assin North as unconstitutional and, therefore, null and void.
Mr Quayson polled 17,498 votes, as against 14,793 by the New Patriotic Party’s (NPP’s) Abena Durowaa Mensah, in the December 7, 2020 parliamentary election.
On December 30, 2020, Mr Ankomah-Nimfah filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr Quayson to be an MP.
The court upheld the petition, and on July 28, 2021, declared Mr Quayson’s election as void on the basis that he owed allegiance to another country other than Ghana, contrary to Article 94(2) of the 1992 Constitution.
Meanwhile, constituents of Assin North will be going to the polls to choose a new MP on June 27.
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