James Gyakye Quayson granted 7 days to file review challenging unconstitutionality of Assin North election

The Supreme Court has granted James Gyakye Quayson, the Member of Parliament for Assin North, a seven-day extension to file a review challenging the court's declaration of his election as unconstitutional.

The application for an extension of time was approved by Justice Ernest Yao Gaewu, a single justice of the apex court.

Led by lawyer Tsatsu Tsikata, the legal team representing Mr. Quayson argued that although the court delivered its judgment on May 17, 2023, the full reasoning was not made available until June 5, 2023. Thus, they requested additional time to file the review, graphic.gh.com reports.

On May 17, 2023, a seven-member panel of the Supreme Court ruled that the entire process leading to James Gyakye Quayson's election was in violation of Article 94(2)(a) of the 1992 Constitution. This article prohibits individuals with dual citizenship from contesting as Members of Parliament.

The court concluded that at the time Mr. Quayson filed his nomination forms in October 2020; he had not renounced his Canadian citizenship, rendering him ineligible, as per Article 94(2)(a) of the Constitution. Additionally, the court determined that the Electoral Commission (EC) also violated the same constitutional provision by allowing Mr. Quayson to contest the election.

In its judgment, the court declared Mr. Quayson's election as Member of Parliament for Assin North, as well as his swearing-in, as unconstitutional, null, void, and of no legal effect. This decision came after a constituent of Assin North, Michael Ankomah-Nimfah, invoked the court's jurisdiction to interpret and enforce the constitution.

The seven-member panel, chaired by Justice Jones Dotse and comprising Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof. Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi, and Barbara Ackah-Ayensu, delivered the ruling. The court has stated that the full reasons for its decision will be filed at the court's registry by June 7, this year.

YNA/DA