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Assin North election saga: James Gyaakye Quayson goes to court.

The embattled former Member of Parliament for Assin North Constituency, Mr. James Gyaakye Quayson has taken a step to the court, to appeal the High Court’s ruling; which annulled his election as Member of Parliament (MP).

On Wednesday July 28, 2021, the Cape Coast Court High court ruled to annul the 2020 parliamentary election results, of the Assin North Constituency in the Central Region of Ghana; restraining the MP- Mr. James Gyakye Quayson from holding himself as the Member of Parliament, and ordering for a by-election in the constituency.

The presiding judge, Justice Kwasi Boakye in his ruling stated that, Mr. Joe Gyaakye Quayson violated constitutional provisions, and other statutory provisions that guided the Ghana's elections.


In the latest development, Mr. Quayson; in an appeal filed today Monday, 2 August 2021, is asking the court to declare void the 28 July’s ruling, by the Cape Coast High Court presided over by Justice Kwasi Boakye. According to Mr. Quayson in his appeal, the Cape Coast High Court erred in its ruling and that the ruling was not based in law or in fact.


Background.

Assin North constituency seat, in the December 2020 elections, was won by the National Democratic Congress Candidate, Mr. James Gyakye Quayson; with 17, 498, representing 55.21%; against the New Patriotic Party candidate Abena Durowaa Mensah, 14,193-44.79%.

Contending, that the Mr. Quayson was not eligible to be a Member of Parliament, because of his dual citizenship (Ghana and Canada), Mr. Michael Ankomah-Nimfah, a resident of Assin North, on 30 December 2020, filed a parliamentary election petition at the Cape Coast High Court to challenge his eligibility.


The Cape Coast High Court’s ruling has generated many arguments among the Ghanaian public, with some notable people also adding their voices.


Also commented on the rulings; was a United States based Ghanaian, Professor Kwaku Asare…also known as Kwaku Azar. According to Professor Kwaku Asare, the Cape Coast Court High court erred in interpreting Article 94(2)(a), and compounded the error by equating allegiance to citizenship.


In a Facebook post, Kwaku Azar explained that; “Article 94(2)(a) preceded Article 8(2), which allowed dual citizenship. It is misinterpretation on steroids to hold that Article 94(2)(a) was meant to disqualify dual citizens from holding public office when that same Constitution, prior to Act 527, outlawed dual citizenship. The Judge must stay his ruling and refer the matter to the Supreme Court for interpretation.


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