Lawyers of Assin North Member of Parliament, James Gyakye Quayson, have filed a review application at the Supreme Court stating their disagreement with the court’s ruling that ordered his name to be expunged from the records of parliament, thereby, nullifying his previous election as MP in the 2020 election.
According to the writ filed by his attorney, the ruling was based on basic errors of the law.
They are, thus, asking the apex court to review its earlier judgment which resulted in the miscarriage of justice.
“The judgment of the Supreme Court was fundamentally and basically in error in ordering Parliament to “expunge the name of 1st Defendant…” without giving the IS Defendant, the affected party, a hearing and with no consideration as to the constitutionality of such a direction having regard to the constitutional structure and procedure of Parliament.
The said order of the Supreme Court was per incuriam article 97(1)(e) of the Constitution.
“The judgment of the Supreme Court was fundamentally and basically in error in totally misrepresenting the previous decisions of the Supreme Court in Sumaila Bielbiel v. AdamuDramani &Attorne-General (No. 1) [2011] 1SCGLR 132 and applying misrepresentation of that decision to the totally different circumstances of this case.
“The judgment of the Supreme Court was fundamentally and basically in error in totally misrepresenting the decision of the Supreme Court in Asare v. Attorney-General [2012] 1SCGLR 460.
“The Court was fundamentally and basically in error in assuming jurisdiction to interpret article 94(2)(a) of the Constitution after it had determined that the Supreme Court had previously interpreted the provision,” excerpt of the writ said.
The apex court on Wednesday, May 17, ordered Parliament to expunge James Gyakye Quayson from its records as a Member of Parliament.
Presiding Judge, Justice Jones Dotse, ruled that the Electoral Commission (EC) acted unconstitutionally in allowing him to contest the 2020 parliamentary elections without proof of him renouncing his Canadian Citizenship.
A private citizen, Michael Ankomah Nimfah, had succeeded in getting the High Court to nullify Mr Quayson’s election in 2020, after suing him for standing for elections as a dual citizen which was against the law.
Mr Nimfah asked the court to rule that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of Ghana, at the time Mr Quayson filed his nomination form in October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency, he was not qualified to contest a member of Parliament.
This provision of the constitution provides that a person shall not be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana.
After the High court ruling, the Supreme Court also in a unanimous decision ruled that Mr Quayson was not qualified at the time of filing his nomination forms.
It further held that the Electoral Commission allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.
However, the newly sworn in MP says the apex court’s ruling was an error in law.