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The Cape Coast High Court has issued an interlocutory injunction order preventing Assin North’s Democratic National Congress (NDC) MP-elect, Mr. James Gyekye Quayson, from running as an elected MP for the constituency.
In a ruling yesterday, the court, chaired by Judge Kwasi Boakye, also issued another order barring Mr Quayson from standing for swearing in as an elected member of Parliament for Assin North.
The court’s ruling follows an interlocutory injunction filed by a certain Michael Ankomah-Nimfah, who has launched an election petition against Mr. Quayson.
The two interlocutory injunctions will be in effect until the final decision of the election petition contesting Mr. Quayson’s eligibility to be a Member of Parliament on the grounds that he was a dual citizen of Ghana and Canada at the time he submitted his candidacy. as a parliamentarian. candidate.
“It is hereby ordered that James Quayson (1st Respondent) not be required to stand as the elected Member of Parliament for the Assin North Constituency of the Republic of Ghana and further to stand for swearing in as a Member of Parliament. elected as such until the final decision on the petition against him, ”Judge Boakye ruled.
Equity and justice
Reasons for his decision, Judge Boakye found that irreparable harm would be caused to the applicant if Mr. Quayson were allowed to become a Member of Parliament until the final decision on the case.
He held that Article 94 (2) of the 1992 Constitution clearly stated that a person “cannot be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana”.
Justice Boakye said the evidence before the court showed that although Quayson initiated the process to renounce his Canadian citizenship in November 2019, the renunciation certificate was issued to him in November 2020.
However, he argued that the evidence further showed that Mr. Quayson applied as a parliamentary candidate in October 2020, a time when he did not receive the certificate of renouncing his Canadian citizenship.
In light of this, the presiding judge indicated that it was necessary to grant the interlocutory injunction in the interests of fairness and justice until the merits were decided.
Charged atmosphere
There was a strong security presence at the premises of the Cape Coast High Court, with more than 70 armed police officers and 22 officers from the Ghana National Fire Service deployed to avoid any unforeseen disruption.
Dozens of NDC supporters also invaded the court and expressed their displeasure with the court’s decision.
“We will not accept this decision and we will never rest until the right thing is done,” said one.
Opinions of lawyers
The applicant’s lawyer, Mr. Gary Nimako Marfo, described the decision as a sound decision and in accordance with the laws of the land.
He said the 1992 Constitution and other laws did not allow people who owed allegiance to other countries to stand for public office in Ghana.
According to him, although the MP is no longer a Canadian citizen, this was done after he submitted his candidacy to run as a parliamentary candidate.
“He was not qualified to be allowed to file a case because at the time he did so, he retained his Canadian citizenship,” said the lawyer.
A member of Mr. Quayson’s legal team, Mr. Samuel Adu Yeboah, said he was disappointed with the decision.
Context
Mr. Quayson polled 17,498 votes, against 14,793 by Ms. Abena Durowaa Mensah of the New Patriotic Party (NPP), in the legislative elections on December 7, 2020.
On December 30 of last year, Ankomah-Nimfah, a resident of Assin Bereku in Assin North constituency, filed an election petition under Article 99 of the 1992 Constitution.
The petition was directed against Mr Quayson and the Election Commission (EC).
He argued that the elected Member of Parliament was not eligible on the grounds that at the time he (Quayson) applied to run as a parliamentary candidate, he was still a Canadian citizen.
Such an act, he argued, was contrary to the express provision of section 94 (2) (a) of the 1992 Constitution and section 9 (2) of the 1992 Representation Act. of the people (PNDCL 284).
Among other remedies, the petitioner wanted the Cape Coast High Court to declare the appointment filed by Mr. Quayson as “illegal, void and without legal effect”.
He also asked for a statement that the EC’s decision to allow Mr Quayson to run as a candidate for parliament was “illegal, void and without legal effect”.
Another remedy sought by the petitioner was an order barring Mr. Quayson from running as an elected member of Parliament for Assin North and another order quashing the legislative elections that took place in Assin North on December 7, 2020.
Source: Graphiconline.com
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