Assin North MP's vote in Parliament and the legal repercussions

Member of Parliament (MP) for Assin North, Hon. James Gyakye Quayson may get a term of imprisonment not exceeding thirty (30) days or to a fine not exceeding ten (10) penalty units or to both if it is established that he has reason to know or knows that he was not qualified to sit or vote in Parliament. Prior to the inauguration of the President-elect and Vice-President-elect Hon. James Quayson sat in Parliament and voted for the Speaker of Parliament irrespective of an injunction that has been granted against his swearing-in as Member of Parliament.

It could be recalled that a Cape Coast High Court on Wednesday, January 6, 2021, granted an injunction restraining Mr. Quayson from holding himself out as MP-elect or from being sworn-in as Member of Parliament. The injunction was granted in a case filed by one Michael Ankomah-Nimfa of Assin Bereku who claims inter alia that, Mr. Quayson holds dual citizenship; to wit citizenship of Ghana and Canada at the same time.

Mr. Ankomah-Nimfa is seeking relief to the effect that the declaration of Mr. Quayson as MP-elect be annulled. His case is premised on Article 94(2)(a) of the 1992 Constitution of the Republic of Ghana which says that: a person shall not be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana.

We can infer that, this information has been of public knowledge and that any person seeking to be sworn-in to Parliament must have been amongst the first few to receive such news. In fact, I would submit that, he did receive this information but he would have a saving if he was not so personally served. All the same, it seems his party caucus needed his vote badly since it would have greatly caused them without him. The danger arises here if the court thinks he had reasonable grounds to have known that he was not entitled to vote. Then the provision under Article 105 of the 1992 Constitution would apply. It states that:

“A person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled so to do commits an offence and shall be liable on conviction, to such penalty as shall be prescribed by or under an Act of Parliament.”

We would now turn to section 183B of the Criminal Offences Act, 1960 (Act 29) to determine the necessary punishment attached to such conduct. The Act provides that:

“A person who sits other than in the public gallery or votes in Parliament knowing or having reasonable grounds for knowing that that person is not entitled to do so commits a criminal offence and is liable on conviction to a fine not exceeding ten penalty units or to a term of imprisonment not exceeding thirty days or to both the fine and the imprisonment.”

In another situation, the said MP may be held in contempt of court, since the injunction was granted by a superior court which has the power to commit to itself contempt.

We can also lay credence to the classic case of Sumaila Bielbiel Vrs. Daramani and Another (J1/2/2010) [2011] GHASC 24 (26 October 2011), where Hon. Adamu Daramani Sakande was sentenced to a term of two years by the Supreme Court for perjury and forgery. Plaintiff alleged that Hon. Sakande holds dual citizenship. That is, a citizenship of the UK in addition to his Ghanaian citizenship while a Member of Parliament. He further alleged that Sakande under a false statement had his name registered in the voters' register and subsequently went ahead to vote in the December 2008 general elections when he was not entitled to do so.

This is the position of the law but the interpretation or a final say lies in the bosom of the judge.