On Sunday morning, the NDC Flag-bearer, John Dramani Mahama, paid a visit to the husband and family of a party member who tragically lost her life in an accident in Dansame, locatedwithin the Assin North Constituency.
Accompanied by the NDC Parliamentary candidate for the Assin North by-election, James Gyakye Quayson, as well as national, regional, constituency executives, and members of parliament, the delegation expressed their condolences to the grieving family.
They also announced the party’s assistance and support as the family prepares for the burial and funeral ceremonies of the deceased.
A statement issued by the National Communications Officer Sammy Gyamfi said the family was presented with an amount of GH¢5,000 to assist with preperations towards the funeral rites of our deceased comrade.
Mr Mahama and James Quayson also visited the injured victims at the Praso hospital to check on their recovery.
This was after the former President suspended his Assin North campaign yesterday, to visit those admitted at the Fosu hospital upon hearing news of the ghastly accident, the statement added.
“The hospitals bill for the treatment of all injured persons at the Praso and Fosu hospitals, have been fully paid and an amount of money deposited to cater for any incidentals by theNDC Flag-bearer,” it further said.
The NDC’s Parliamentary Candidate for the Assin North By-elections, James Gyakye Quayson promised to institute a sustainable support scheme for the children of the deceased.
A delegation of New Patriotic Party national executives has visited some National Democratic Congress members who are receiving treatment at St Francis Hospital in Assin Fosu following a car accident over the weekend.
Richard Ahiagbah, the National Communications Director of the NPP, who led the delegation, described the incident as evidence of some common weaknesses faced by political parties in a Twitter post.
“We share a common weakness. These are NDC accident victims. We spent time with them at St. Francis Hospital in Assin Fosu today and provided support. Great commendations to Mr. Jay Hyde, NPP Deputy Youth Organizer & Mr. Alfred Thompson, NPP National Comms team, NPP…. God bless you, guys…” he tweeted.
A ghastly accident on Saturday resulted in the loss of life of a member of the NDC during a campaign tour in the orphan Assin North constituency.
According to multiple reports, the vehicle involved belonged to the Ashanti regional youth organizer of the NDC and was part of a convoy accompanying former President John Dramani Mahama, who was touring the constituency to garner support for his party’s candidate, James Gyakye Quayson.
The Electoral Commission has announced a by-election slated for June 27, 2023, for Assin North after a Supreme Court panel recently ruled Gyakye Quayson’s election as a member of parliament for the area unconstitutional, null, and void.
The court stated that Gyakye Quayson failed to renounce his Canadian citizenship at the time of filing his nomination as the NDC’s candidate in the 2020 parliamentary election.
However, the NDC has presented Gyakye Quayson as its candidate for the upcoming by-election, despite a pending criminal trial against him in a High Court.
The trial for the perjury charges pressed against James Gyakye Quayson will commence seven days before the by-election on June 20, 2023, while the court has scheduled to sit on the matter on a day-to-day basis.
James Gyakye Quayson, the former Member of Parliament for Assin North, has expressed his belief that the High Court in Accra is engaging in intimidation tactics during his criminal case.
This statement follows the court’s dismissal of his motion to suspend the ongoing proceedings until the by-election in Assin North takes place.
The Supreme Court nullified Mr. Quayson’s parliamentary election in Assin North, and he is now facing charges of perjury and deceiving a public official.
These charges are based on accusations that he provided false information by denying allegiance to any country other than Ghana during the election process.
Speaking in an interview with Woezor TV, Mr. Quayson attributed his removal from office to the dynamics within the current Parliament but said the people of Assin North are solidly behind him.
“I think basically, it is an intimidation process because I haven’t seen any criminal trial where an accused person or suspect is arraigned before the court on a daily basis and so we all know that it is an executive influence on the process. The people of Assin North understand the circumstances and situation that I am going through and they also understand that the fight is not about me but about them.”
Mr Quayson also addressed the ongoing road construction by the government ahead of the by-election and urged the residents of Assin North not to be swayed by any monetary offers in exchange for votes.
“It is the heaviest rainy season in the country and there is no road construction going on anywhere in the country but if that is how they operate, we welcome it.
“Assin North people are way beyond giving money for votes but I have already told them that any money they bring here, they should take it because they deserve it and it is money they should have used to develop the area that they have kept for themselves,” he added.
During a campaign visit to the Assin North constituency in the Central Region, a tragic road accident occurred, resulting in the death of a supporter of the National Democratic Congress (NDC) who was travelling with former President John Mahama.
Several other party supporters were also injured in the incident, which took place on Saturday.
In a heartfelt tweet, Mr. Mahama expressed his condolences to the family of the deceased, acknowledging the sorrowful loss experienced by all those affected by the accident.
He further suspended his campaign for two hours to visit persons injured.
“I’ve had to suspend my campaign in Assin North for about 2hrs to visit injured sympathizers who were involved in an accident after our engagement at Dansame. Unfortunately, we lost one of our comrades who enthusiastically joined others in the programme. Our condolences to her family,” his tweet read.
Assin North electorates are preparing to go to the polls in 10 days to elect a new Member of Parliament.
Hence, all the major political parties have been trooping to the area in order to convince the electorates to vote for their representatives.
Before commencing their campaign for the by-election, the former president together with the NDC candidate, Gyakye Quayson, paid a courtesy to the Assin Breku Traditional Council.
Justice Isaac Douse, a former Justice of the Appeal Court, has disagreed with the Supreme Court’s judgment that resulted in the removal of James Gyakye Quayson, the former Member of Parliament for Assin North.
In his assessment, Justice Douse believes that the justices who presided over the case made a significant error in ruling that Gyakye Quayson was ineligible to contest in the 2023 elections.
During an interview on CTV on Friday, June 17, 2023, as reported by GhanaWeb, the former judge stated that the ousted MP successfully demonstrated to the court that he had taken the necessary steps to renounce his citizenship, which should have been sufficient.
“You write an examination and you are given a result that shows that you have passed but you are denied admission because you have not been given a certificate yet. So even though you have passed because you don’t have the certificate, you don’t get admission.
“This is what the ruling of the judges means. They (the judges) erred bad time,” he said in the Twi dialect.
Justice Douse also said that the criticism the Supreme Court is facing over its ruling is justified.
He added that when Ghanaians living abroad get high positions in foreign governments they are praised but when one is going home to help, s/he is faced with unnecessary impediments.
Background:
The Supreme Court of Ghana, on May 17, 2023, ordered the Parliament of Ghana to expunge the name of James Gyakye Quayson as a Member of Parliament (MP).
Justice Jones Victor Dotse, Justice Nene Amegatcher, Justice Mariama Owusu, Gertrude Araba Torkornoo, Justice Prof. Henrietta Mensa-Bonsu, Justice Yonny Kulendi and Justice Barbara Ackah-Yensu declared that Quayson was not qualified at the time he contested the election 2020 in the Michael Ankomah Nimfah vs James Gyakye Quayson case.
According to the court, the ousted Assin North MP failed to prove that he had renounced his Canadian citizenship when he filed his nomination to contest the 2020 general elections.
Parliament subsequently declared the Assin North seat vacant, leading to the Electoral Commission of Ghana announcing a by-election on May 27, 2023, to fill the seat.
Former President John Dramani Mahama has joined the ousted lawmaker, James Gyakye Quayson, today at Assin North Constituency to lend his support to Mr Quayson’s campaign leading up to the upcoming by-election.
Mahama expressed that his decision to support Gyakye Quayson stems from his commitment to pursuing justice and fostering development for the residents of the Assin North Constituency.
“This NPP administration has gone to indecent lengths to rob the people of Assin North of parliamentary representation. The reason? To gain an advantage in what has essentially been a hung Parliament.
“The James Quayson case will go down in the history of Ghanaian democracy as one of the most brazen manipulation of our judicial system ever.
“I firmly believe and trust the people of Assin North to right the wrong done to them and James Quayson by electing him once again as Member of Parliament for the constituency.
‘To the people of Assin North, I thank you for the continuous love and support you’ve shown James Quayson and the NDC, despite the last minute vote buying gimmicks being employed by the NPP,” he said.
The Electoral Commission has slated June 27, 2023, for a by-election to be held in the Assin North Constituency.
An Accra High Court has ruled that the perjury and forgery trial involving James Gyakye Quayson will proceed on a day-to-day basis, starting from Tuesday, June 20, 2023.
The decision was made by Justice Mary Maame Ekue Yanzuh, who denied a request from Quayson’s lawyer, Justin Terriwajjah, to postpone the trial until after the Assin North by-election scheduled for June 27, 2023.
Terriwajjah argued that Quayson needed a leveled playing field in the campaign as he was seeking to represent the people of Assin North in parliament.
However, the Attorney-General, Godfred Yeboah Dame, opposed the request, emphasizing that Quayson had not been given a national assignment.
Godfred Dame stressed the importance of expeditiously trying the case to clarify Quayson’s status, considering the charges he was facing, which could lead to conviction and imprisonment if found guilty.
The Attorney-General prayed for the trial to be conducted on a day-to-day basis, starting from the following week.
Although Terriwajjah agreed to the day-to-day trial, he requested it to commence only after the by-election.
The court dismissed his prayer, and the trial is now scheduled to continue on June 20, 21, and 23.
Quayson’s lawyers will proceed with the cross-examination of the first prosecution witness in relation to the charges of forgery and perjury that arose during the 2020 Assin North parliamentary election.
The ousted Member of Parliament for Assin North, James Gyakye Quayson, would appear before the High Court in Accra on today, Friday, June 16, 2023, regarding the criminal accusations brought against him by government.
Quayson was recently ousted from parliament after the Supreme Court of Ghana ruled that he was ineligible to contest in the 2020 parliamentary election because he failed to renounce his Canadian citizenship in time.
But there is still one case the former MP has to face in court after the Office of the Attorney General accused him of deceiving public officers to acquire state documents.
The State, on February 12, 2022, charged James Gyakye Quayson with five counts; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
Below are details of the charges against Quayson in the criminal suit:
Deceit of public officer, contrary to section 251(b) of the Criminal Offences Act, 1960 (Act 29)
James Gyakye Quayson on or about the 29th of July 2019 at the Passport Office, Accra with intent to facilitate the obtaining of a Ghanaian passport, deceived the Ministry of Foreign Affairs by making a false statement that you do not have a dual citizenship, a statement which you did not have a good reason to believe to be true at the time of making it.
Forgery of passport or travel certificate, contrary to section 15(1)(b) of the Passports and Travel Certificates Act, 1967 (NLCD 155).
James Gyakye Quayson on or about the 26th of July 2019 at the Passport Office, Accra, made a false statement that you do not have a dual citizenship for the purpose of procuring a passport, a statement you knew to be untrue at the time of making it.
Knowingly making a false statutory declaration, contrary to section 5 of the Statutory Declarations Act, 1971 (Act 389).
James Gyakye Quayson on or about 6th October 2020 at Assin Fosu made a statutory declaration that you do not owe allegiance to any country other than Ghana, a statement which you knew to be false in a material particular at the time of making it.
Perjury, contrary to section 210(1) of the Criminal Offences Act, 1960 (Act 29).
James Gyakye Quayson on or about 6th October 2020 at Assin Fosu, made a false statement on oath that you do not owe allegiance to any country other than Ghana, a statement you did not have a reason to believe to be true at the time of making it.
False declaration for office, contrary to section 248 of the Criminal Offences Act, 1960 (Act 29).
James Gyakye Quayson on or about 8th October 2020 at the Electoral Commission Office, Accra, knowingly used a declaration that you do not owe allegiance to any country other than Ghana for the purpose of obtaining a public office as a Member of Parliament, a statement you knew to be material for obtaining that office.
About 800 police officers have been deployed to supervise the incoming by-election in the Assin North constituency.
The Director of Electoral Services at the Electoral Commission (EC), Dr. Serebour Quaicoe, disclosed that the police have provided assurance regarding sufficient security measures on the ground to facilitate a smooth electoral process.
During an interview with the media, Dr. Quaicoe shared his recent interaction with the Regional Commander in Western North, who confirmed the deployment of no fewer than 800 police personnel. He explained that this substantial number of officers would be adequate to maintain law and order across all 99 polling stations.
To elaborate further, Dr. Quaicoe stated, “If we are bringing 800 personnel and the area has 99 polling stations, it means that, on average, each polling station may have eight police officers. We are hopeful that the security presence will be significantly strengthened, contributing to a peaceful election.”
Dr. Quaicoe emphasized that the primary objective of this arrangement was to ensure the safety and security of all voters. He expressed his determination that no individual should face any harm while exercising their democratic right. Additionally, he assured that the EC was actively engaging with various stakeholders to promote compliance with election laws and principles, aiming to prevent any violations.
“We are already in contact with them, discussing the peaceful conduct of the election, and we appeal to all stakeholders to fulfill their responsibilities and refrain from any actions that may contravene the law or lead to post-election issues. Such outcomes would not be beneficial to anyone,” Dr. Quaicoe added.
Moreover, the EC plans to hold a stakeholder engagement session for political parties ahead of the by-election, further facilitating a collaborative and transparent electoral process.
With the Assin North by-election scheduled for June 27, 2023, four parliamentary candidates have submitted their nomination forms to compete in the race. The balloting process has been completed, resulting in the New Patriotic Party’s (NPP) candidate, Charles Opoku, securing the first slot.
The second slot was selected by Sefanu Bernice Enyonam, representing the Liberal Party of Ghana, while James Gyakye Quayson from the National Democratic Congress obtained the third position. Lastly, an independent candidate named Abaidoo Agartha is listed as the fourth candidate on the ballot sheet.
As the by-election draws near, all candidates have intensified their campaigns in various communities, seeking to garner support and rally voters to their cause.
Former communications director for the New Patriotic Party (NPP)Yaw Adomako Baafi, has responded toKennedy Agyapong, one of the party’s flagbearer hopefuls, after Agyapong claimed that Baafi had been deceiving the public by stating that the government has not done anything for him.
Baafi countered by asserting that nobody in the NPP has benefited more from the Nana Addo Dankwa Akufo-Addo government than Ken Agyapong himself. However, Agyapong persistently attempts to undermine the government despite his own personal gains.
During an interview on Wontumi TV on June 14, 2023, which was monitored by GhanaWeb, Baafi revealed that Agyapong and his family members have been appointed to positions within the current government. Nevertheless, Agyapong continues to criticize and undermine its efforts.
“He said I have been given a Pajero… but what has he been given. He is the board Chairman of Ghana Gas. His wife is the Board Chairman of the Ghana Maritime Authority. If you come to parliament, he is the head of the Select Committee on Defence and Interior and he supervises all the military and police contracts.
“If you come to COCOBOD, he (Ken) has been given a lot of contracts there. He also has contracts at the Ministry of Energy, same at the Ministry of Education including TVET contracts.
“So, if I got a Pajero and you say I’m complaining, why are you also criticising the governance of Akufo-Addo and Bawumia despite all you have gotten from the government?” he said in Twi.
Background:
Ken Agyapong, the Member of Parliament for Assin, accused Adomako Baafi of lying about not receiving support from the NPP after he helped the party win the 2016 elections.
“You were telling polling station executives that you have not received anything; meanwhile, you were one of the first people Akufo-Addo gave a brand new Pajero to when he won,” he added.
He also accused the former NPP communication director of deliberately lying to the party folk just to gain support for the candidate he is supporting in the NPP flagbearer race.
He said that he bought a car for the former NPP national executive and even gave him money to go to the hospital when he was sick, but today he is spreading lies because of politics.
“You Adomako Baafi… before the (2016) election, I gave you a Honda pickup. When he was sick, I gave him money to go to the hospital, and today he is supporting a candidate and he is going around peddling lies,” he said.
To preserve the sanctity of theElectoral Commission (EC), the commission has issued a cautionary message to political parties, urging them to refrain from undermining its integrity.
He said this highlighting how essential the EC is to political parties in the organisation of internal and nationwide elections.
The Director of Electoral Services at the EC, Dr. Siribour Quaicoe, issued this warning to political parties speaking in an interview on Accra-based Joy FM’s 6 am news on Tuesday, June 13, 2023.
He called on the political parties to desist from impugning the integrity of the EC and rather help build consensus in the country’s electoral processes.
Dr. Quaicoe was reacting to the main oppositionNational Democratic Congress‘s (NDC) claims that the EC was working to favour the governing New Patriotic Party (NPP) in the upcoming by-election scheduled for Assin North Constituency in the Central Region on June 27, 2023.
He said this has always been the mode of operation of the political parties especially when in opposition.
He gave the assurance that the EC is made up of people with integrity who will not soil their integrity by favouring a particular political party in an election.
In a related development, the National Communication Officer for the opposition NDC, Sammy Gyamfi, accused the ruling NPP and the EC of plotting to insert the name of an unqualified candidate into the voters’ register for the Assin North constituency.
In a statement, the NDC’s Communication Officer claimed that the ruling party, in collaboration with the EC, plans to transfer and insert Charles Opoku’s name into the voters’ register, even though he is not a registered voter in the Assin North constituency.
He emphasised that the nomination form for the Assin North by-election requires candidates to be registered voters in that constituency.
Regulation 22 of the Public Elections Regulations 2020 (C.I 127) stipulates that voter transfers can only be made for ordinary citizens at least 42 days before a public election.
Gyamfi indicated that the Assin North by-election is less than 42 days away, and no Returning Officer has been appointed yet, so any transfer of voters to the constituency would be unlawful and vehemently opposed by the NDC.
“We are closely monitoring this situation and shall take every legitimate step to ensure that this illegal plot is not carried out by the Electoral Commission and their collaborators in the NPP,” Gyamfi stressed.
National Organiser of the National Democratic Congress (NDC), Joseph Yammin, has expressed that Gyakye Quayson, the party’s parliamentary candidate for the Assin North by-election, is willing to make personal sacrifices for the betterment of his constituents.
According to him, Mr Quayson is even willing to lose his freedom should he be imprisoned after the polls.
Mr Yammin believes that the people of Assin North are prepared to vote for Quayson as they recognize his commitment to accelerating the progress of developmental projects in the region.
Gyakye Quayson
“We thank Gyakye Quayson for helping to speed up stalled projects after the 2020 elections. We are ready to vote for him in the upcoming by-election. If he is imprisoned after being re-elected, we believe another by-election will be organized, and that will help in the completion of the ongoing developmental projects,” said Yammin.
He emphasised that no one is more popular and appealing than the former MP of the constituency, hence the unwavering confidence of the NDC to retain the seat.
“We have a more popular and appealing candidate than any other parliamentary candidate in that area,” he told Obidehyie Ofori Amanfo, co-host of ‘Kuro Yi Mu Nsem’ show on Nhyira FM.
According to Mr. Yamin, the NDC does not have any major concerns about the New Patriotic Party’s (NPP) candidate, Charles Opoku, except for the fact that he is not a registered voter in the constituency and therefore should not be eligible to contest in the upcoming by-election.
Despite an ongoing criminal case against Charles Opoku, the NDC asserts that the former Assin North Member of Parliament can still participate in the by-election.
Abraham Amaliba, the NDC’s Director of Legal Affairs, emphasized in a recent interview on JoyFM that Charles Opoku has not been found guilty of any crime. However, it is worth noting that Charles Opoku was disqualified from Parliament by the Supreme Court due to his failure to renounce his dual citizenship status before contesting the 2020 parliamentary election.
Although some have questioned the party’s decision to retain Mr Quayson, Mr Amaliba says as long as he can be found innocent, the NDC is ready to take a “calculated risk.”
“Is there the possibility of him being acquitted and discharged, if the answer is yes, that will be a calculated risk to take. If we are talking about whether or not the law court will sentence him, it can also acquit him,” he said.
In 2022, James Gyakye Quayson was slapped with charges including forgery and perjury by the Attorney-General’s Office.
He is also accused of deceiving a public officer and knowingly making a false declaration.
The case was filed after the High Court in July, 2021 annulled the Assin North Parliamentary election results saying Mr. Quayson was not eligible to contest the polls.
In May 2023, the Supreme Court upheld the High Court’s decision stating that Mr Quayson was not qualified at the time of filing his nomination forms.
It further held that the EC allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.
The National Democratic Congress (NDC) will commemorate its 31st anniversary with a flag raising ceremony in Ningo Gangan, Assin North Constituency.
The party was founded on June 10, 1992 ahead of that year’s elections, a return to democratic rule in Ghana.
The party marked exactly three decades of its formation last year.
This year’s coincides with the electioneering campaign for the by-election inAssin North, the reason why the leadership of the party is taking the celebration to that constituency.
Already, party big wigs are in the Assin North Constituency, campaigning for James Gyakye Quayson to be re-elected as Member of Parliament (MP).
Mr Gyakye Quayson lost his seat after the courts ruled that he held a Canadian citizenship prior to filing his nomination for the December 2020 elections.
Members of the NDC have disagreed with the courts and found the ruling targeted at the opposition party.
Minority Leader Dr Cassiel Ato Baah Forson, who led the caucus to the Central Region constituency, said victory in the June 27 by-election will not only be for Mr Gyakye Quayson but will also be for justice.
All NDC national executives bar the General Secretary, Fifi Fiavi Kwetey, who is out of jurisdiction, are expected to be at the venue for the ceremony.
The Speaker of Parliament, Alban Bagbin, has called on the Supreme Court for clarification over its order for Parliament to removeJames Gyakye Quayson‘s name from its records as the former Member of Parliament for Assin North.
This comes after some Members of Parliament raised concerns about how to implement the order of the Supreme Court since the standing orders of the house do not provide a clear path on such a directive.
Reacting to the matter, the Speaker of Parliament, said all activities the ousted Assin North MP engaged in since January 2021 would hold until steps are taken on the way forward.
“What has just happened is strong evidence that there is a need for clarification. Don’t forget that the order is predicated on a number of declaratory rulings by the court, it was not given in isolation. There were four earlier declaratory judgements before the order came as the fifth. The other declaratory judgements said the election of the member was unconstitutional. As a result of that, it was null and void and of no effect.
“The order did not say the Speaker should expunge [his name]. It did not say any Member of Parliament or Clerk should expunge [the name], it says the institution called Parliament. So that institution must carry out the order. The only way the institution can carry out the order is for the institution to reason together. And that is only done in a sitting where the opportunity is given to members to think through it.
“I don’t want to assume powers that are not clearly spelt out in any law. So I did indicate and mentioned to some members of the Supreme Court that there is a need for clarification,” he added. Background
The Supreme Court in May 2023 ordered Parliament to remove James Gyakye Quayson’s name from its records as the Member of Parliament for Assin North.
Parliament then declared the seat vacant which paves the way for a by-election on June 27.
The Supreme Court ruled that Mr. Quayson was not qualified to contest the 2020 parliamentary elections in the Assin North Constituency at the time he filed his nomination forms on October 9, 2020.
The Court found that Mr. Quayson had not shown evidence of renouncing his Canadian citizenship, and that the Electoral Commission had granted him permission to contest the election without this evidence.
The Court further ruled that Mr. Quayson’s election as Member of Parliament for Assin North Constituency was unconstitutional.
The 7-member Court in a unanimous ruling stated that “the qualification of holding only Ghanaian citizenship must be present at the time of nomination, and not any date thereafter.”
The Court also held that “any person, who has obtained citizenship of another country other than Ghana, and who files for nomination with the Electoral Commission to contest for election as a Member of Parliament will not be qualified to contest for elections unless and until they show a record from the alternate State that they no longer hold the citizenship of that State as at the date of filing their nominations with the Electoral Commission.”
“Since Mr. Quayson had not received his certificate of renunciation as a Canadian citizen as of October 9, 2020, he was not qualified to be a Member of Parliament at the time he filed his nomination papers, at the time he stood for election, and at the time he was declared as elected Member of Parliament”.
“This court has to, therefore, reiterate its earlier conclusion that the qualification of holding only Ghanaian citizenship must be present at the time of nomination, and not any date thereafter – in this case by 9th October 2020”.
“Since the 1st defendant had not received his certificate of renunciation as a Canadian citizen as of 9th October 2020, then he was not qualified to be a Member of Parliament at the time that he filed his nomination papers, at the time he stood for elections, and at the time he was declared as elected Member of Parliament, because he owed allegiance to another country as at 9th October 2020, the date when he should have satisfied the qualification criteria”.
Charles Opoku has been chosen as the New Patriotic Party’s (NPP) parliamentary candidate for the upcoming Assin North by-election on June 27.
Mr Opoku received 397 votes out of a total of 536 valid votes. His competitor, Freeman Amoah-Kyei, garnered 136 votes in the contest.
The election took place at the Church of Pentecost in Akonfodi in Assin Bereku with national executives of the party led by General Secretary Justin Kodua Frimpong.
After the ballots were sorted, counted and the results were declared, supporters of Charles Opoku broke into jubilation.
Charles Opoku will battle James Gyakye Quayson of the National Democratic Congress (NDC) for the Assin North seat.
In the 2020 elections, Mr Gyakye Quayson beat Abena Durowaa Mensah to win the seat.
His election was, however, challenged by a constituent, who had told a Cape Coast High Court that he had not renounced his Canadian citizenship prior to his nomination.
The decision was affirmed by the Supreme Court and Parliament was ordered to expunge his name from all records.
Member of Parliament aspirant on the ticket of the National Democratic Congress (NDC) for the Assin North Constituency, James Gyakye Quayson, has vowed to reclaim the Assin North seat even if it takes his last breath.
He made this statement when he visited the Assin North constituency to campaign ahead of the by-election slated for June 27, 2023.
In a video posted by Accra-based TV3, the ousted MP was expressing his unwavering determination to continue to fight for the seat despite facing setbacks and being removed from office.
“I will fight for Assin North with my last breath. In every family, there is a Judas, as you are trying to pack things up others will be ready to destroy. But I know whoever is fighting something not for selfish gain but for the gains of the public, God crowns his efforts. The vision here is not a selfish vision. It is a vision for the whole Assin North community and its people. So, I know definitely we will achieve it,” he said.
The MP aspirant further called on his supporter and members of the National Democratic Congress to consolidate their efforts to capture ‘recapture’ the seat in the by-election.
“Let us all put our efforts together. And those saying that, once Joe Quayson steps foot here we will arrest him, among others. I came here from Accra nobody was able to stop me. I don’t fear anything, I only fear God. In the life I have lived, there is nothing that will done by will cause me to fear. As much as I have lived, I am no longer moved by anything done to me,” he added.
He continued to say that regardless of the disruption, he will still stand for the Assin North Constituency.
“Whatever they do, I will stand for Assin North” he declared.
Amid heavy rainfall, thousands of residents and supporters of the National Democratic Congress (NDC) gathered in Assin Breku at Assin North, to give a thunderous welcome to James Gyakye Quayson, the party’s parliamentary candidate for the constituency.
This marked his first public appearance in the constituency since the Electoral Commission, Ghana (EC), announced the by-election date of June 27, 2023.
Despite the inclement weather, the enthusiastic crowd filled the streets to show their support for Quayson.
Accompanied by prominent party figures, including national and regional executives such as Sammy Gyamfi, the National Communication Officer, and Dr. Louisa Hannah Bisiw, the National Women’s Organizer, Quayson’s arrival was met with excitement and anticipation.
Joining the gathering were other notable individuals like Nii Lantey Vanderpuye, the Member of Parliament for Odododiodioo, Abdul Salam Adam, the MP for New Edubiase, and Prof. Richard Asiedu, the Central regional Chairman, among others. Their presence added to the energy and unity displayed by the NDC supporters.
Despite the challenging weather conditions, the determination of the people to show their support for James Gyakye Quayson remained unwavering, setting a strong tone for the upcoming by-election in Assin North.
Sammy Gyamfi is National Communications Officer of the NDC
He was met by hundreds of motorbike riders while others in vehicles were with joyous moods singing and dancing, and walked him through the principal streets of Assin Akomfude through to Assin Breku township.
Some of the residents who seemed to have been braced with a new hope explained to Assin Fosu-based Rich FM and Onua News that defying the heavy rainfall to meet Mr. Quayson is a symbol of the love and trust they have for him.
Endorsing his candidature, they described him as the perfect man to lead the Assin North constituency to the promised land since his achievements in the area are already astronomical even when he was tussling trials and afflictions initiated by the opposition NPP.
Others recalled with confidence that if he had had peace of mind to perform his parliamentary duties, Assin North would be on a pedestal in the coming years.
They, however, pledged to vote massively for him in the upcoming by-election to lead the constituency not based on sympathy but by competency, trustworthiness and credibility.
Addressing the multitudes, Mr. Quayson thanked them for the love, commitment and trust reposed in him to lead them again.
James Gyakye Quayson is NDC parliamentary candidate for Assin North
According to him, residents of the Assin North live in abject poverty and stagnation as a result of years of neglect by the ruling NPP government, and, in the face of that, is where he draws the confidence to change the narrative.
He was hopeful about making history by winning the seat back for the NDC and the good people of Assin North.
He, therefore, encouraged the constituents not to be perturbed about the lies being perpetrated by members of the ruling NPP suggesting he would be jailed if voted into power.
“It is a way to sway you of your votes ahead of the by-election,” he told them.
In a unanimous ruling on May 17, 2023, a seven-member panel of the Supreme Court upheld the petition challenging Mr James Gyakye Quayson’s eligibility and ordered Parliament to remove his name from the list of MPs.
The apex court noted that allowing Mr Quayson to remain in the capacity as MP “will be an indictment of the administration of justice” should it disregard the orders of the High Court which nullified the Assin North election on the basis that Mr Quayson had dual citizenship.
The Supreme Court has recently made available the complete judgment regarding its declaration of the election of James Gyakye Quayson as the Member of Parliament (MP) for Assin North in the Central Region as unconstitutional.
Below are the explanations the court gave for its direction to Parliament:
1. Upon a true and proper interpretation of Article 94(2))a) of the Constitution, 1992 of the Republic of Ghana the 1st Defendant was not qualified at the time of filing his nomination forms between 5th to 9 October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency as a Member of Parliament.
2. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 the decision of the 2nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1st Defendant had not shown evidence of the cancellation of his citizenship of Canada is an act that is inconsistent with and violates Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana.
3. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for Assin North Constituency was unconstitutional.
4. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing in of 1st defendant as Member of Parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.
Sammy Gyamfi has urged Ghanaians, especially residents of the Assin North Constituency, to ignore assertions that ousted Member of Parliament for Assin North, James Gyakye Quayson, has committed a crime and is likely to be imprisoned.
According to the National Communications Officer of the National Democratic Congress (NDC), the ruling New Patriotic Party (NPP) is championing this assertion just because it wants to deter people from voting for Gyakye Quayson in the upcoming by-elections.
Speaking in an interview on Cape Cost-based Rich FM over the week ended, Sammy Gyamfi insisted that the former law marker has committed no crime.
“NPP members are saying that once the Supreme Court has ruled against Honourable Quayson, it implies that he would also lose the criminal case.
“This is what should let you know that the NPP is full of liars because they know the truth. I will not say that they (NPP members) are dumb. They know the truth, but they will not say it because they what to deceive the residents of Assin North.
“I’m a lawyer… where is it stated that if the Supreme Court rules on a civil matter against you, then the High Court too will do so? The Supreme Court case was a civil matter; it wasn’t a criminal matter,” he said in Twi.
He went on to cite the example of the case of Alfred Agbesi Woyome, where the Supreme Court ruled against him, but the High Court said he had done nothing wrong.
“Martin Amidu sued Alfred Agbesi Woyome at the Supreme Court, accusing him of unlawfully receiving a GH¢52 million judgment debt. While Woyome was in the Supreme Court, the NDC government at that time also sued him in the High Court.
“The Supreme Court case was a civil matter, and the High Court case was a criminal matter just like the case of Honourable Quayson. Supreme Court ruled that the money given to Woyome was illegal… but the High Court said Woyome was not a criminal,” he said.
Background:
The Electoral Commission of Ghana announced a by-election for the Assin North Constituency, on June 27, 2023, following the declaration of the seat as vacant by the Parliament of Ghana.
Parliament declared the seat vacant after a seven-member panel of the Supreme Court of Ghana ordered the House to expunge the name of James Gyakye Quayson as a Member of Parliament.
Justice Jones Victor Dotse, Justice Nene Amegatcher, Justice Mariama Owusu, Gertrude Araba Torkornoo, Justice Prof. Henrietta Mensa-Bonsu, Justice Yonny Kulendi and Justice Barbara Ackah-Yensu declared that Quayson was not qualified at the time he contested the election 2020 in the Michael Ankomah Nimfah vrs James Gyakye Quayson case.
However, there is still one case the former MP is in court for.
The State, on February 12, 2022, charged James Gyakye Quayson with five counts; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
The New Patriotic Party(NPP) has flatly denied being involved in the alleged scheme to fraudulently add the name of an ineligible candidate of the party to the Assin North Voters Register.
According to the NPP, it is yet to hold primaries in the Assin North Constituency to select its parliamentary candidate for the upcoming by-election. Therefore, it is unfounded for the NDC to claim that the NPP has already chosen a candidate and is conspiring with the Electoral Commission to transfer the voter.
The NPP in a statement, highlighted that both of its candidates, who have filed to contest in the by-election, meet the constitutional requirements. The party added that both candidates are registered voters and have resided in the Assin North Constituency for the minimum period of five years as required by the constitution.
“The NPP has no Parliamentary Candidate for Assin North. As publicly advertised, the Party is yet to hold Parliamentary Primaries in the Assin North Constituency to elect the Party’s Parliamentary Candidate for the by-election.3
“It therefore beggars belief how the NDC is able to determine our Parliamentary Candidate ahead of time and to suggest that we are plotting with the EC to illegally insert his name in the Assin North register.”
THE NEW PATRIOTIC PARTY IS NOT SEEKING TO TRANSFER ANY VOTER TO ASSIN NORTII VOTERS REGISTER, IGNORE THE NDC’S BASELESS CLAIMS
The New Patriotic Party (NPP) has taken notice of a press statement issued by the National Democratic Congress (NDC), on June 4, 2023, signed by the party’s National Communications Officer, Sammy Gyamfi, alleging that the NPP “is in cahoots with their collaborators in the Electoral Commission to transfer and insert the name of one Charles Opoku, into the Voters Register of the Assin North Constituency.
True to their character, the NDC’s statement is replete with spurious claims and baseless allegations intended to mislead the Ghanaian public and, unsurprisingly, prepare the ground for them to reject their imminent embarrassing defeat in the Assin North by-election.
For the avoidance of doubt, the NPP wishes to, by this statement. set the records straight by responding as follows:
I. The NPP emphatically debunks the allegations that the Party “is in a plot to illegally insert the name of an unqualified NPP Parliament, Candidate into the Assin North Register.
Over the years, the NPP has worked hard to maintain its enviable position as the pacesetter of multiparty democracy in Ghana, which includes the strengthening of independent democratic institutions of the State like the Electoral Commission.
As such, we cannot be the Party that would engage in any acts that would jeopardize the nation’s democratic gains.
2. The NPP has no Parliamentary Candidate for Assin North. As publicly advertised, the Party is yet to hold Parliamentary Primaries in the Assin North Constituency to elect the Party’s Parliamentary Candidate for the by-election.
It therefore beggars belief how the NDC is able to determine our Parliamentary Candidate ahead of time and to suggest that we are plotting with the EC to illegally insert his name in the Assin North register.
3. Since the NDC is deficient in their appreciation of Ghana’s electoral laws, we wish to give them some education on the relevant aspects of the Law. “Their claim that the NPP is seeking to transfer the name of a registered voter to the Assin North register to qualify him to contest in the parliamentary by-election actually’ betrays the NDC’s appreciation of Article 94(1)(a) of the 1992 Constitution. Article 94(1)(a) does not require a parliamentary candidate to be registered in the constituency they wish to contest to be viable.
4. The Constitution only requires that a candidate be a registered voter, it does not matter where they are registered. The Constitution also requires a Candidate to hail from the Constituency he is seeking to contest. The two Candidates who have filed to contest on the ticket in the by-election hail from Assin North and have both resided in that Constituency beyond the minimum period of five years required by the Constitution.
5. It is in accordance with this that the Electoral Commission of Ghana only requires a Parliamentary Candidate to make a Statutory Declaration to the effect that he/she is a registered voter simplicita. This can be seen under Part IV of the Parliamentary Nominations Form -2023, which was made available by the EC for aspiring Parliamentary Candidates in the by-election.
6. Unlike them we are focused on selecting a qualified and capable candidate, one who carries no legal baggage like the NDC’s Mr. James Gyakye Quayson to represent the good people of Assin North.
7. The NPP wishes to assure Ghanaians, particularly the people of Assin North that it is committed to upholding and defending the 1992 Constitution.
National Organiser of the ruling New Patriotic Party (NPP) has cast doubt on the possibility of the National Democratic Congress (NDC) to secure the Assin North seat by sympathy votes.
Henry Nana Boakye explained that the dynamics in the area is beyond voting for a personality who was ousted from Parliament for engaging in illegality.
Ahead of the Assin North bye-election on June 27, the NDC is confident of winning the seat after its deposed Member of Parliament, James Gyakye Quayson, declared his intention to contest again.
This is a big gamble by the opposition party as its candidate is also facing criminal charges in court. If found guilty, Mr Quayson could face 10 years in prison in hard labour.
But Nana Boakye on Asempa FM’s Ekosii Sen programme on Friday said the NDC is engaging in emotional blackmail by retaining Mr Quayson as its candidate.
Unfortunately, he said the people at Assin North are very discerning and will not fall for the antics of the opposition.
He said: “94 percent of the people at Assin North are educated and will not vote because of sympathy. They deserve better.”
The NPP National Organiser said they have done all ground works and will bring on board a competent candidate to contest the election.
He charged voters at Assin North to look beyond theatrics and vote massively for NPP to continue the developments in the area.
In a rebuttal, National Organiser of the NDC, Joseph Yamin, said they have already won the bye-election.
He said the people of Assin North appreciate the good works of Mr Quayson and will vote massively for him.
The NDC National Organiser stated that the roads being contracted in the area are not enough to buy the votes of the people.
Mr Yamin predicted a landslide victory for the NDC at the end of the bye-election.
A leading member of the opposition National Democratic Congress in the Ashanti Region, Joshua Fugah, has issued a stern warning to the New Patriotic Party (NPP) ahead of the upcoming parliamentary by-election in the Assin North Constituency.
According to Fugah, with the Assin North vote, the NDC will not give room for any acts of vote buying, as witnessed in the recent by-election in the Kumawu Constituency.
“What we want to tell the NPP is that what they did in Kumawu will not be allowed to repeat itself in Assin North. Our regional chairman for the Central Region has held a press conference and informed the NPP that the things they did in Kumawu will not be allowed to happen again.
“Some of these include the wanton sharing of money in broad daylight. Every V8 that went into the town was filled with cash. But amidst all that, the people of Kumawu showed the NPP that they cannot be bought with money. However, there are some people whose minds can change if you give them money. Considering the current economic hardship, a hundred or two hundred cedis can change someone’s mind, and those are the things we will not allow to happen in Assin North,” he stated during a peace discussion on Peace FM.
The NPP emerged victorious in a by-election held for the Kumawu Constituency following the demise of the Member of Parliament for the area, Philip Basoah.
Despite suffering defeat, the NDC maintains that it performed well in the election held in the NPP’s stronghold but argues that the election was marred by vote buying on the part of the NPP.
The Electoral Commission has scheduled a by-election for the Assin North Constituency after the Supreme Court ruled that the election of James Gyakye Quayson as MP for the area in the 2020 election was unconstitutional, null, and void.
According to the court, Gyakye Quayson, at the time of filing his nomination to contest in 2020, had not renounced his Canadian citizenship.
Meanwhile, the NDC, ahead of the June 27, 2023, by-election, has indicated that it will maintain Gyakye Quayson as its candidate despite an ongoing criminal case against him.
Following the Electoral Commission’s (EC) announcement of a by-election scheduled for June 27 in Assin North constituency, road repairs have swiftly begun in Assin Bereku, the district capital.
This development has been perceived by some residents as a chance to finally address the persistent problem of neglected roads in the area, and they have attributed this to James Gyakye Quayson, who once served as Assin North MP.
An anonymous resident expressed gratitude to James Gyakye Quayson for putting pressure on the government, stating, “When Jesus Christ died, mankind benefited, and that is the same way James Gyakye Quayson has done.”
However, concerns have been raised about whether these infrastructure projects will continue beyond the by-election.
Another resident questioned, “Whether they will still continue with all the developmental projects even after the by-elections.
Gyakye Quayson has said it already that he will give the NPP government pressure to do the needful, and so he deserves the needed applause.”
The nomination forms of Fredrick Amoah Kyei and Charles Opoku, the main contenders for the NPP, will be submitted today.
The winner of the NPP primary will compete against James Gyake Quayson of the NDC for the parliamentary seat.
The by-election was prompted by the Supreme Court’s ruling that led to the removal of former Member of Parliament Gyakye Quayson, who was deemed a Canadian citizen when he contested and won the seat in 2020.
As a result, the Assin North seat was declared vacant on May 30 by Parliament. The upcoming by-election carries significant importance for the constituency and its residents.
TheNational Democratic Congress(NDC) is expected to win the Assin North district seat in the next by-election, according to a Ghanaian polling organization, Global Info Analytics.
The Electoral Commission slated June 27, 2023, for the by-election at the Assin North constituency after the seat was declared vacant by Parliament following a Supreme Court order.
Executive Director and the Head of Polls for Global Info Analytics, Musah Dankwah told the media a recent poll conducted in April showed that the National Democratic Congress (NDC) will win the seat based on factors such as road network in the constituency, the standard of living of constituents and general optimism.
“If you look at the recent polling that we did at Assin Northas recent as April, there were signs of hope for the NDC to retain the seat in the sense that the sentiment of voters in the constituency doesn’t seem to support the ruling party.
“If you look at voters who said the country was headed in the wrong direction, they were about 77 percent. Now, people who said that the standard of living has gotten worse in the last twelve months, were about 66 percent and then when you look at people who said they were not optimistic things will get better in the next twelve months, they were about 80 percent.”
The Electoral Commission (EC) has officially scheduled the by-election for the Assin North Constituency in the Central Region to take place on Tuesday, June 27, 2023.
This decision follows a unanimous ruling by the Supreme Court on Wednesday, May 17, declaring the election of James Gyakye Quayson, the National Democratic Congress’ Member of Parliament (MP) for that constituency, as unconstitutional.
In a statement signed by EC Chairperson Jean Mensa, it was announced that nominations for candidates would be accepted at the Assin North District Office of the Commission from Monday, June 12, 2023, to Wednesday, June 14, 2023.
The nomination forms can be downloaded from the Commission’s website (www.ec.gov.gh) starting from June 1, 2023.
Alternatively, the statement said, “a prospective candidate may personally deliver or cause to be delivered on his/her behalf by either the proposer or seconder of his/her nomination, the completed nomination forms to the Returning Officer at the Assin North District Office of the Commission, on the dates and times stated above”.
Fees
The statement added that the filing fee for the election is GH¢ 10,000 per candidate.
Additionally, the EC announced that all nomination forms should be delivered in quadruplicate.
“The nomination forms for each candidate shall be witnessed by the signature or mark of two registered voters, as proposer and seconder, and supported by 18 other registered voters in the constituency as assenting to the nominations.
“The nomination forms shall also be endorsed with the candidate’s consent to the nomination.
“A Candidate shall at the time of submitting his/her completed nomination forms, provide the Returning Officer with two copies of a recent post card (bust sized) photograph against a red background, showing his/her full face and ears,” the statement added.
SC’s decision
In its judgment in the case of Michael Ankomah Nimfah vs James Gyakye Quayson, the Electoral Commission (EC) and the Attorney-General on May 17, 2023, the apex court ordered Parliament to expunge Mr Quayson’s name as a sitting MP from its records.
The court held that the whole process leading to the election of Mr Quayson– filing of nomination forms, the election itself and swearing-in–were all in violation of Article 94(2)(a) of the 1992 Constitution, which bars a person with dual citizenship from contesting as an MP.
It was the considered view of the court that as of the time Mr Quayson filed his nomination forms in October 2020 to contest the Assin North seat, he had not renounced his Canadian citizenship and, therefore, was not qualified per Article 94(2)(a) of the Constitution.
In view of that, the court further held that the EC also violated Article 94(2)(a) of the Constitution when it permitted Mr Quayson to contest the election.
Parliament
Following the judgment, Parliament wrote to the EC to notify it of the vacancy in the Assin North Constituency.
The Clerk to Parliament, Cyril Kwabena Nsiah, signed the letter dated May 29, 2023, which was addressed to the Chairperson of the EC, Jean Mensa.
The notification, he said, had been necessitated by the judgment of the Supreme Court (SC) dated May 17, 2023.
He, therefore, requested the EC Chairperson to take the appropriate consequential action as required by law.
Pollster, Ben Ephson has stated that the upcoming by-election at Assin North Constituency will be an interesting contest for both the National Democratic Congress (NDC) and the New Patriotic Congress (NPP).
Speaking on Starr Today with Joshua Kodjo Mensah Tuesday, Ephson stated that Assin North is a swing seat and no political party will easily win the by-election.
“Assin North is kind of a swing place so it is not going to be a safe place for anybody. That is going to be interesting.
“It is up to the two political parties to get people out to vote and definitely a by-election will not have the same energy as the general election. But this will be a higher turnout than Kumawu”, Ben Ephson stated.
Meanwhile, the Clerk to Parliament, Cyril Kwabena Oteng Nsiah has written to the Electoral Commission (EC) of the occurrence of a vacancy in the Assin North Constituency.
“I, Cyril Kwabena Oteng Nsiah, Clerk to Parliament do hereby formally notify you of the occurrence of a vacancy in the Assin North Constituency necessitated by the Judgement of the Supreme Court dated 17th May, 2023,” he wrote in a letter to the Electoral Commission of Ghana (EC).
However, the NDC is expected to present James Gyakye Quayson for the by-election when the Electoral Commission opens nominations for the contest.
The governing New Patriotic Party (NPP) has set Wednesday, May 31, 2023 as date for the opening of nomination for the upcoming Assin North by-election.
The decision was taken at its Steering Committee (SC) meeting held on Tuesday, May 30, 2023 where the timelines for holding parliamentary primary was announced.
Nominations are to close on Thursday June 1, 2023 while the election has been slated for Wednesday June 7, 2023.
A statement signed by the General Secretary, Justin Frimpong Kodua said “The Party has also approved detailed Rules and Regulations to govern the conduct of the parliamentary primary election which would be made available to stakeholders. However, Nomination Forms will be available at the Constituency Party Office for purchase.”
Like the Kumawu constituency in the Ashanti Region, which saw deplorable roads suddenly being repaired due to the by-election, roads in the Assin area of the Central Region are about to see major upgrades due to a by-election.
On May 30, 2023, Speaker of Parliament Alban Bagbin got the Assin North seat declared vacant following the Supreme Court’s order to the House to expunge the name of the Member of Parliament (MP) for the constituency, James Gyakye Quayson of the National Democratic Congress (NDC), from its records.
But ahead of the Speaker’s order, the Roads and Highways Minister, Kwasi Amoako-Attah, who led the repair works in Kumawu, was already in the Assin area inspecting road projects there, suggesting a similar strategy was going to be used to get the constituents to vote for the New Patriotic Party (NPP) parliamentary candidate.
On Tuesday, May 30 2023, the Minister of Roads and Highways paid a working visit to the Central Region to inspect the progress of work on some ongoing road projects.
The Ministry reports that “as part of his visit, the Minister inspected the 31.2km Assin Foso to Assin Praso road project, which is completed and ready for commissioning”.
Already, a video has emerged of some construction equipment said to belong to “Maripoma”, with the man who did the amateur video saying they were on their way to the Assin North the same way the company deplored its equipment to Kumawu.
Interestingly, while in the Central Region, residents of Teshie in Accra were issuing a two-month ultimatum to the government, demanding the rehabilitation of all deplorable inner roads within their community.
According to the residents, the deteriorating roads at Greda Estates, Tsuibleoo, Teshie Lascala, and other areas are severely impacting their daily commute, necessitating urgent action.
The residents have already submitted a petition to the Chief Priest of Teshie, Numoo Badu Odaan Odiapense I, highlighting the poor state of their roads.
Additionally, they have submitted a similar petition to the Municipal Chief Executive for Ledzokuku, Mordecai Quarshie. Frustrated with the lack of progress, they have expressed their intent to organize another protest if their roads are not rehabilitated within the next two months.
In their quest for improved roads, the residents took to the streets on Tuesday, May 30, 2023, demanding their fair share of development resources.
Citi News’ Kennedy Twumasi visited various communities in Teshie and witnessed firsthand the deplorable condition of the roads, which poses significant challenges to both motorists and pedestrians.
In response to the residents’ demands, the Ledzokuku Municipal Assembly has announced the immediate commencement of rehabilitation works on several inner roads in Teshie.
The assembly has committed to rehabilitating roads in Tsuibleoo, the LEKMA to Adjorman roundabout, Fertilizer Road, and King Kortey Road as soon as possible.
Furthermore, the assembly has pledged to address the poor conditions of the inner roads in Greda Estates, Teshie Lascala, and the entire Coffee Street at Teshie once the initial rehabilitation projects are completed.
The vacancy announcement was disclosed in a letter the Clerk of the House wrote to the Electoral Commission of Ghana (EC).
“In the exercise of the power conferred and the duty imposed on the Clerk to Parliament by section 3 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527), L. CYRIL KWABENA OTENG NSIAH, Clerk to Parliament do hereby formally notify you of the occurrence of a vacancy in the Assin North Constituency necessitated by the Judgement of the Supreme Court dated May 17, 2023, vide Writ No. J1/11/2022 issued in respect of James Gyakye Quayson in the case of Michael Ankomah Nimfah vs James Gvakve Quayson.
“The Electoral Commission of Ghana and The Attorney-General and request you to take appropriate consequential action as required by law,” parts of the letter.
A seven-member panel of the Supreme Court ordered Parliament to expunge the name of James Gyakye Quayson as a Member of Parliament.
In the ruling, the apex court barred Mr. Quayson from holding himself as a Member of Parliament, citinewsroom.com reports.
Mr. Quayson was standing trial for counts of deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
Justice Jones Victor Dotse, Justice Nene Amegatcher, Justice Mariama Owusu, Gertrude Araba Torkornoo, Justice Prof. Henrietta Mensa-Bonsu, Justice Yonny Kulendi and Justice Barbara Ackah-Yensu declared that Mr Quayson was not qualified at the time he contested the election 2020.
The state had, on February 12, 2022, charged James Gyakye Quayson with five counts being; deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
As the trial continued in July 2022, his lawyers, led by Lawyer Tsatsu Tsikata, questioned the competency of the Prosecution’s First Witness, Richard Takyi-Mensah, a teacher and his subsequent tendering of his witness statements.
But, his objection was overruled by the trial Judge Justice Mary Maame Ekue Yanzu, on the grounds that the witness was competent and duly admitted the witness statements and paragraphs.
Dissatisfied with the High Court’s ruling, Mr. Quayson and his lawyers filed a motion at the Supreme Court seeking to quash the trial judge’s decision and order of Prohibition against the judge.
The apex court ordered Parliament to expunge James Gyakye Quayson’s name from its records after it concluded that he failed to renounce his Canadian citizenship at the time of filing his nomination forms to contest the polls.
Presiding Judge Justice Jones Dotse on Wednesday, May 17, 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.
This is in the case filed by a resident of the constituency, Michael Ankomah Nimfah.
Mr Nimfah had asked the court to rule that upon a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution 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.
The court in a unanimous decision ruled that Mr. Quayson was not qualified at the time of filing his nomination forms.
It further held that the EC allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada was unconstitutional.
His name was to be expunged from records of the house, and his seat to be declared vacant to allow for a by-election.
Attorney General (AG), Godfred Yeboah Dame, has reportedly sent a letter to the Speaker of Parliament requesting the declaration of the Assin North seat as vacant following a recent judgment by the Supreme Court.
The Supreme Court ruled that James Gyakye Quayson, the embattled Member of Parliament for Assin North, did not renounce his Canadian citizenship when he filed his nomination forms for the elections.
As a result, the court ordered the removal of his name from the parliamentary records.
As a consequence, a by-election will need to be conducted to fill the vacant Assin North seat.
Minority Leader Dr. Forson disclosed the letter from the AG during the vetting of the Chief Justice Nominee, Justice Gertrude Torkornoo.
“I received a letter from the office of the Attorney General and the Minister of Justice, the letter was addressed to the Right Honourable Speaker, Parliament of Ghana, Accra and I was in copied with the minority leader.”
“The third paragraph in the second page reads, the effect of this judgment of the Supreme Court is that the election of Mr. James Gyakye Quayson as a member of parliament of Assin North constituency is unconstitutional, null, void and of no legal effect.”
“The final order of the supreme court for parliament to expunge the name of Mr. James Gyakye Quayson means that parliament is to completely remove any record relating to him as an MP and implies that a vacancy has occurred in relation to the Assin North Constituency,” the letter stated.
On the vetting of Justice Gertrude Torkornoo, Chairman of the Appointments Committee, Joe Osei Owusu said the committee’s report recommending her approval by majority decision will be subjected to a debate and vote when parliament resumes on June 6.
“Looking at the rules and the standing orders it was not practicable not to come to a conclusion so the decision was that it is taken that the minority are voting against her and therefore we will present a report presenting the decision of the committee as a majority decision.”
National Democratic Congress (NDC) Members of Parliament, who are part of Parliament’s Appointment Committee, have refused to vote on the recommendation of Chief Justice nominee, Justice Gertrude Torkornoo, for Parliamentary approval.
According to the MPs, they will cast their vote only when the Supreme Court provides full details of its ruling on the dual citizenship case involving embattled Assin North MP, James Gyakye Quayson.
The New Patriotic Party (NPP) is preparing to hold another by-election in Assin North as several national executives have arrived in the constituency.
This comes after the Supreme Court, on May 17, ordered Parliament to remove James Gyakye Quayson’s name as a Member of Parliament.
In its ruling, the apex court barred Mr. Quayson from assuming the role of a Member of Parliament, stating that he was not qualified at the time he contested the 2020 election.
The ruling party has announced its preparations for the upcoming election, pending the decision of the Electoral Commission regarding the scheduling of a by-election in the region
Mr. Quayson is currently facing five criminal charges, including Deceit of a public officer (contrary to section 251 (b) of the Criminal Offences Act, 1960, Act 29), Forgery of Passport or Travel Certificate (contrary to section 15 (1)(b) of the Passports and Travel Certificates Act, 1967, NLCD 155), Knowingly making a False Statutory Declaration (in contravention of the Statutory Declarations Act, 1971, Act 389), Perjury (as per section 210 (1) of the Criminal Offences Act, 1960, Act 29), and False Declaration for Office (against section 248 of the Criminal Offences Act, 1960, Act 29).
Given the high stakes involved, it is expected that both major parties will go to great lengths to secure the seat.
The NPP, in particular, appears to be taking the fight seriously, as the General Secretary, Justin Kodua Frimpong, and the National Organizer, Henry Nana Boakye, arrived in Assin North yesterday ahead of the polls, as reported by Daily Guide.
As several national executives have arrived in Assin North, the New Patriotic Party (NPP) is prepared to stage another by-election.
This comes after the Supreme Court, on May 17, ordered Parliament to remove James Gyakye Quayson’s name as a Member of Parliament.
In its ruling, the apex court barred Mr. Quayson from assuming the role of a Member of Parliament, stating that he was not qualified at the time he contested the 2020 election.
The ruling party has announced its preparations for the upcoming election, pending the decision of the Electoral Commission regarding the scheduling of a by-election in the region
Mr. Quayson is currently facing five criminal charges, including Deceit of a public officer (contrary to section 251 (b) of the Criminal Offences Act, 1960, Act 29), Forgery of Passport or Travel Certificate (contrary to section 15 (1)(b) of the Passports and Travel Certificates Act, 1967, NLCD 155), Knowingly making a False Statutory Declaration (in contravention of the Statutory Declarations Act, 1971, Act 389), Perjury (as per section 210 (1) of the Criminal Offences Act, 1960, Act 29), and False Declaration for Office (against section 248 of the Criminal Offences Act, 1960, Act 29).
Given the high stakes involved, it is expected that both major parties will go to great lengths to secure the seat.
The NPP, in particular, appears to be taking the fight seriously, as the General Secretary, Justin Kodua Frimpong, and the National Organizer, Henry Nana Boakye, arrived in Assin North yesterday ahead of the polls, as reported by Daily Guide.
The National Democratic Congress (NDC) says it is ready for a bye-election following the ruling of the Supreme Court directing Parliament to expunge the records of James Gyakye Quayson, Member of Parliament (MP) for Assin North.
A statement issued by Mr Fifi Kwetey, the General Secretary of the NDC, copied to the Ghana News Agency said: “…..after consultations with Mr Gyakye Quayson, the leadership of the NDC wishes to state unequivocally that we are ready for the bye-election that is now the result of this decision.”
It noted that the full weight of the Party, including the Minority Caucus in Parliament, would be put behind Mr Gyakye Quayson so as to ensure an even more resounding victory for him in the upcoming bye-election.
It said the NDC had become aware of the Supreme Court’s decision invalidating the nomination, election, and subsequent swearing-in of Mr James Gyakye-Quayson, the MP for Assin North as unconstitutional.
It said the court did not give any reasons but said these would be available on or before 7th June.
“In the light of many previous decisions that we are aware of, including decisions in the case of JH Mensah, Baba Jamal and Peter Amewu that state that the Supreme Court does not have jurisdiction when it comes to Parliamentary Election and that the High Court is where such a matter should be taken, it seems strange to us that the Supreme Court gave this decision,” the statement said.
“Moreover, there is no doubt that Mr James Gyakye-Quayson did not owe allegiance to any other country whether at the time of his nomination, election, or swearing-in.
We also look forward to seeing the reasons that the Court will provide.”
Background
The Supreme Court on Wednesday ruled that the Electoral Commission (EC) acted unconstitutionally in allowing Mr Quayson to contest the 2020 parliamentary elections without proof of him renouncing his Canadian Citizenship.
This follows the case filed by a resident of the Constituency Michael Ankomah Nimfah.
Mr Nimfah had 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 election for the Assin North Constituency, he was not qualified to contest as Member of Parliament.
This is because the Constitution does not allow a person with dual nationality to hold certain public offices, including a Member of Parliament.
The National Democratic Congress has pledged to support embattled James Gyakye Quayson to reclaim the Assin North parliamentary seat anytime a bye-election is held.
“The full weight of the party, including the Minority Caucus in Parliament, will be put behind Honourable Quayson so as to ensure an even more resounding victory for him in the upcoming bye-election,” Fifi Kwetey, the General Secretary of the NDC wrote in a statement.
The Supreme Court on Wednesday ruled that Parliament should expunge the name of Mr Gyakye Quayson from its records.
This ruling was the outcome of a case brought before the Supreme Court, invoking its original jurisdiction to examine the constitutionality of James Gyakye Quayson’s election.
James Gyakye Quayson had been accused of holding dual citizenship prior to the 2020 election, an allegation he vehemently denied.
The Minority Leader, Ato Forson in an earlier statement insisted that “at the time of his election, Hon. James Gyakye Quayson was not a dual citizen, neither was he a dual citizen as at the time he took the oath of office as a Member of Parliament”.
“The intention of the framers of Ghana’s constitution is not to allow a dual citizen to perform the functions of Parliament.”
The NDC in a statement also described the ruling as strange, and made reference to similar situations involving Honourable J.H. Mensah, Honourable Baba Jamal and Honourable Peter Amewu where the “Supreme Court had stated that it did not have the jurisdiction to invalidate a Parliamentary election and that the High Court is where such a matter should be taken.”
The party added that even though there are “serious questions about the legitimacy of this decision after consultation with Hon Quayson, the leadership of the National Democratic Congress (NDC) wishes to state unequivocally that we are ready for the bye-election that is now the result of this decision.”
Mr James Gyakye Quayson ceases to be a representative for the people of Assin North Constituency in Parliament.
The Supreme Court which heard the dual citizenship case against Mr Quayson has instructed Parliament to expunge his name from its records.
Following the 2020 presidential and parliamentary elections, one Michael Ankomah Nimfah dragged Mr Quayson to a High Court for contesting the Assin North seat while in possession of dual citizenship.
He argued that per the laws of the land, Mr Quayson was unqualified to file his processes to the Electoral Commission (EC) and contest.
The Cape Coast High Court after hearing both the petitioner and respondent in July 2021, nullified Mr Quayson’s’ election on the basis that the MP held Canadian citizenship at the time he filed to contest the seat.
However, Mr Quayson continued to parade himself as a legislator. This prompted the petitioner to take his case to the Supreme Court for interpretation of Article 94 (2) (a).
He also prayed the court to declare that the EC breached Article 94(2)(a) of the 1992 Constitution when it allowed Mr Quayson to contest the parliamentary election in Assin North when he owed allegiance to another country.
He again urged the apex court to declare entire process that led to Mr Quayson’s election as MP for Assin North as unconstitutional and, therefore, null and void.
In April 2022, the apex court instructed the now former NDC MP, Gyakye Quayson to stop holding himself as an elected MP until the determination of the suit challenging his election.
In a 5-2 majority decision, the apex court ordered Mr Quayson to abstain from any Parliamentary business and also refrain from engaging in activities pertaining to an MP.
Mr Quayson’s lawyers filed an appeal but the Supreme Court dismissed it.
On Wednesday, May 17, 2023, the panel of seven presided over by Justice Jones Dotse which also includes Justice Nene Amegatcher, Justice Mariama Owusu, Justice Prof. Henrietta Mensa-Bonsu, Justice Gertrude Torkornoo, (CJ nominee), Justice Yonny Kulendi and Justice Barbara Ackah-Yensu sat to finally address the matter.
In court, the Supreme Court observed that the High Court in Cape Coast had declared the election of Mr Quayson as null and void, hence allowing him to remain in the capacity as MP “will be an indictment of the administration of justice.”
“There can be no justification for ignoring the submissions on the continued disregard of the orders of the High Court which have not been suspended or overturned,” the court held.
The apex court further expressed that “it will be failing in its exclusive mandate and duty to the Ghanaian people to uphold and defend the Constitution if it does not suspend, mitigate or abate an alleged constitutionality illegality if the applicant were to succeed in the end of this suit.”
Justice Dordzie and Amegatcher, in their opinion noted that there was no need for the apex court’s intervention as the petitioner just needed to enforce the High Court’s decision.
In view of this, a unanimous decision taken by the seven-member panel read that Mr Quayson’s name be expunged from Parliament’s records.
Mahama to review dual citizenship law in next government
Former President John Dramani Mahama has promised to review the constitutional provision that prevents Ghanaians with dual citizenship from holding political positions in the country.
According to him, such a law cannot be allowed to remain in the current scheme of things.
Mr Mahama insisted that the law hurts the country’s human resource and must not be allowed to fester any longer.
“But I want to assure the people of Ghana and James Gyakye Quayson, who is our MP for Assin North, that when NDC comes to power, we will clarify that constitutional provision that compels them to give up their foreign citizenship before they contest elections,” he said on May 7, 2023, in Tamale.
Former President John Mahama has accused government of sabotaging Assin North MP, James Gyakye Quayson.
He said the government is behind the Supreme Court’s injunction against the MP.
Mr Mahama said government manipulated the apex court in order to get the numbers to pursue its business in Parliament.
According to him, such acts and conducts are an affront to the country’s growing democracy.
The NDC flagbearer hopeful thus described it as a “gross injustice” to the people of Assin North.
“We have seen the cardinal sin of the 4th Republic which is the disenfranchisement of the people of SALL. For one whole term, they have not had a member of parliament. Let’s put that aside, the people of Assin North elected a person to represent them in Parliament.
“This government has manipulated the judiciary in such a way that they have injuncted the MP for Assin North. So even though he is the elected member, he cannot perform the duties of an MP.
“That is a gross injustice and an affront to the country’s growing democracy.
“But I want to assure the people of Ghana and James Gyakye Quayson, who is our MP for Assin North, that when NDC comes to power, we will clarify that constitutional provision that compels them to give up their foreign citizenship before they contest elections. A country’s human resource is its best resource,” he said at Tamale while addressing the NDC faithful on Sunday, May 7.
Mr Mahama has thus promised that the next NDC government will clarify the constitutional provision which bars persons with dual citizenship from holding political positions in Ghana.
“We happen to have three million of our citizens abroad, they have acquired skills and different talents. Why must we have a law that bars them when we have a dual citizenship law?
“We will clarify it, so they can come and stand for parliamentary seats and hold offices in Ghana, they don’t have to give up their other citizenships to be able to hold office,” he assured.
The Supreme Court in a majority 5-2 decision, on Wednesday, April 13, ruled that Assin North MP, James Gyakye Quayson, can no longer perform Parliamentary duties.
This is until the determination of the substantive case filed against him at the Supreme Court.
A Cape Coast High Court in July 2021 nullified the election of Mr Quayson after it found he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.
Michael Ankomah Nimfah, a resident of the constituency who filed this election petition in January 2022, initiated another action at the Supreme Court.
He urged the Court to give effect to the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.
A plea the apex court granted despite opposition by the embattled MP’s legal team.
The Member of Parliament for Assin North has filed for a review to challenge the ruling of the Supreme Court on April 13, 2022.
On April 13, the Supreme Court in a 5-2 decision barred the Assin North MP from performing parliamentary duties.
This comes after a citizen of Assin Bereku, by name of Michael Ankomah Nimfah, on January 27, 2022, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high court judgment annulled his election due to the issue of dual citizenship on July 28, 2021.
The embattled Member of Parliament had appealed against the High Court judgment but was struck out for failing to file written submissions within the mandatory period.
Based on the Supreme Court ruling, the lawyers of the MP have applied for an order of review of this ruling.
In the document sighted by Ghanaweb, the lawyers stated the grounds of the application which said that, “the majority decision was in patent and fundamental error and violated article 129(2) of the constitution in assuming jurisdiction over the determination of the validity of the parliamentary election and proceeding to grant the application for an interim injunction.â€
It also states that the majority decision violates articles 296(a) and (b) of the Constitution in exercising discretion unfairly and unreasonably,
“the decision to proceed with the hearing of application for the interim injunction brought under the High Court(Civil Procedure) Rules C. I 47 prior to the preliminary objection raised but the Applicant herein was per incuriam the binding precedents of Kogledx V. Attieh(2003-2004)1 SCGLR 75 and Ampofo v. Samampa(2003-20042 SCGLR11555, “ he further stated.
The reliefs sought by the Plaintiff in the writ are stated as follows:1. A Declaration that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana at the time of filing his nomination form between 5th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency the 1st Defendant was not qualified as a member of Parliament. 2. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the decision of 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Assin North Constituency when the 3rd Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2) (a) of the Constitution of the Republic of Ghana.
3. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for the AssinNorth Constituency was unconstitutional.
4. A Declaration that upon a true and proper interpretation of Article94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing-in of 1st defendant as a member of Parliament for the Assin North Constituency was unconstitutional, null, and void and of no legal effect.
The Supreme Court, in a 5-2 majority decision, ruled that the Assin North MP, James Gyakye Quayson, is not the Member of Parliament for Assin North.
This comes after a citizen of Assin Bereku, by name of Michael Ankomah Nimfah, on January 27, 2022, filed an interlocutory injunction against the MP from performing his parliamentary duties after a high court judgment annulled his election due to the issue of dual citizenship on July 28, 2021.
The embattled Member of Parliament had appealed against the High Court judgment but was struck out for failing to file written submissions within the mandatory period.
Although the panel was constituted of seven (7) justices, only two of them voted against the ruling.
Here is a list of all the judges who presided over the case:
Chaired by Justices Jones Dotse, the other justices on the panel were Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
The two judges who voted in the minority on the case were Justices Dordzie and Nene Amegatcher.
Meanwhile, the Attorney General, Godfred Dame, has said that the Assin North Member of Parliament James Gyakye Quayson must face the law like the former Member of Parliament for Bawku Central, Adamu Dramani Sakande.
The counsel for the state, Godfred Dame, speaking to journalists after the ruling, made reference to the case of former Bawku Central MP, Adamu Sakande who was served a jail sentence for forgery among other charges.
“I think that there ought to be even application of the law, there ought to be an equal application of the law, the same fate that befell Adamu Sakande who was not qualified at the time that nominations were opened and we all know what happened to him,†he said.
In July 2021, the New Patriotic Party (NPP) Member of Parliament for Bawku Central, Adamu Dramani Sakande, was convicted by an Accra High Court after he was found guilty of perjury and forgery.
This was after he failed to denounce his UK citizenship before contesting for the Bawku Seat.
Relating it to the case of James Gyakye Quayson, the Attorney General, Godfred Dame, said there ought to be even application of the law.
The Supreme Court has, in a majority 5-2 decision, ruled that Assin North MP James Gyakye Quayson can no longer perform Parliamentary duties.
This is until the determination of the substantive case filed against him at the Supreme Court.
A Cape Coast High Court in July 2021 nullified the election of Mr Quayson after it found he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.
Michael Ankomah Nimfah, a resident of the constituency who filed this election petition, in January 2022 initiated another action at the Supreme Court.
He urged the Court to give effect to the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.
“If he continues to be in Parliament, he will still be in breach of the constitution. The people of Assin North have been saddled with an unqualified person for far too long.“
Lawyer for Mr Nimfah Frank Davies told the Supreme Court on Tuesday, March 5, 2022.
Attorney General Godfred Yeboah took a similar position on the matter. He insisted there cannot be any debate that the continuous stay of the legislator in Parliament is a persisting breach of the constitution that cannot be allowed to fester.
“On account for the uncontroverted facts of this case. It clearly indicates that the Court is faced with the patent case of unconstitutionality each passing day,†Mr Dame said.
Lawyers for the MP led by Tsatsu Tsikata disagreed.
He questioned the basis of the application pointing out that it was procedurally improper. He insisted the rules of the Supreme Court does not provide for such an injunction application.
He argued that a party wanting this remedy ought to instead make a request to the Supreme Court for the Court to decide what steps the party ought to take.
“The motion purports to be brought under the High Court rules. This is not the High Court. And the Supreme Court rules under rule 5 make provisions for where no express provisions are made for certain rules the Court shall prescribe such practice. A request ought to be made,†Mr Tsikata said.
The Court adjourned proceedings to April 13, 2022, to deliver its ruling. The Court on Wednesday, April 13, said the Mp should no longer hold himself as Mp or present himself in Parliament.
The minority view was held by Justices Dordzie and Nene Amegatcher.
The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
An application filed by the embattled Member of Parliament for Assin North James Gyekye Quaayson at the Supreme Court has been dismissed in a unanimous decision.
According to a Joynews report, the court deemed the MP’s application as lacking merit.
The MP, in a review application, had asked the Apex court to set aside an earlier ruling in which the court ordered Mr Quayson to file his defence in a case that seeks to stop him from holding himself as a member of the legislature.
On March 8, 2022, the Supreme Court ruled that the said case had sufficiently been brought to the attention of the MP and thus ordered him to go ahead and file his defence.
This came after the Supreme Court in February 2022 ordered that processes be brought to the attention of the MP through substituted service, including newspaper publications.
The MP was also to be served through a notice posting on the wall of the Supreme Court in Accra, the High Court in Cape Coast and at his residence.
A private citizen, Michael Ankomah Nimfah, in a suit filed against the MP, notified the court through his lawyers that attempts to serve court documents on Mr Quayson had proved futile.
In July 2021, a Cape Coast High Court delivered a judgment in which it declared the 2020 Assin North Parliamentary elections as null and void.
The court upheld the prayer of a plaintiff that Mr Quayson, at the time of filing his nomination for the elections in which he was declared winner, owed allegiance to another country aside from Ghana, contrary to provisions of the constitution.
The court ordered a rerun of the election, but Mr Quayson has since been battling to get the decision of the court set aside in what has now turned out to involve multiple cases being fought in different courts on the matter.
Michael Nimfah, through his lawyers, has asked for Mr Quayson to be restrained from performing any parliamentary duties until a decision by a Court of Appeal is made on the Cape Coast High Court’s ruling.
At a previous sitting of the Supreme Court, lead counsel for the Assin North MP, Tsatsu Tsikata, told the court that the order of substituted service asked to be served on his client had not been served properly.
He noted that a publication of the court processes in the Daily Graphic only contained the order of the court and the date for hearing and not the entire process.
However, the lawyer for Nimfah, Frank Davies, informed the court that its order in respect of the Daily Graphic publication could not mean the MP has not been made aware of the court processes.
The court after hearing arguments from the counsels, including the Attorney General, Godfred Yeboah Dame, declined Mr Tiskata’s objection in a unanimous decision.
“The essence of substituted service is to bring to the attention of a party of the pendency of the suit. This court does not expect all processes to be published. Again the letter by Mr Teriwajah speaks for itself. We, therefore, dismiss the preliminary objection.
“On the issue of whether this case is ripe for hearing, this court, in a majority decision of 6-1 with Justice Kulendi dissenting, holds that the first accused was duly served as of February 28 2022. The cause is adjourned to March 16 2022, for hearing. The first defendant is to file all processes on or before March 16”, President of the Panel Justice Dotse ruled.
Following various motions by Lawyer Tsatsu Tsikata to support his application and get the court to reverse its March 8 decision, the court, in a ruling read on Tuesday, April 5, 2022, described the application by the Assin North MP as being without merit.
“The application lacks merit and is accordingly dismissed”, Justice Dotse, reading the ruling of the court said.
The court panel was made up of Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
Prof Ashie Kotey and Justice Clemence Honyenuga also joined the seven members who heard the original application in hearing the review application.
A seven-member panel of Supreme Court Justices ordered a substituted service on the National Democratic Congress (NDC) Member of Parliament (MP) for Assin North, James Gyakye Quayson.
The panel included: Justices Jones Dotse as President, Prof. Henrietta Mensah Bonsu, Mariama Owusu, Agnes Dordzie, Nene Amegatcher, Gertrude Torkornor and Yoni Kulendi.
They upheld an application by the plaintiff a resident of Assin Breku, Michael Ankomah-Nimfah.
The Court, by this order, has asked for a court case that is seeking to stop James Gyakye Quayson from holding himself as an MP, to be published in the Daily Graphic and at the residence of the MP.
Moving the application, the Lawyer for the plaintiff, Frank Davies, as part of his motion submitted a paper and the affidavit in support, which were filed on February 15, 2022, seeking the substituted service.
He brought to the attention of the Court that a Bailiff attached to the High Court in Assin Fosu, had filed an application of non-service, indicative of yet another inability to serve the process on Gyakye Quayson.
Background
Michael Ankomah-Nimfah, who secured a judgement from the Cape Coast High Court nullifying the election of Mr Quayson on the basis that he held a Canadian citizenship, wants an injunction from the apex court restraining him from holding himself as an MP.
Mr Quayson has been dragged before the Supreme Court to stop him from holding himself as an MP.
The plaintiff argues that despite the judgement of the Cape Coast High Court, Mr Gyakye continues to parade himself as a sitting MP.
He is also seeking an interpretation of Article 94(2)(a) of the 1992 Constitution which bars a person owing allegiance to another country from contesting as an MP, the same constitutional provision the High Court used to nullify the election.
A seven-member panel of the Supreme Court has granted an application exparte for substituted service in the case involving Assin North Constituency Member of Parliament (MP) James Gyakye Quayson.
Michael Ankomah Nimfah, a member of the New Patriotic Party is seeking for an interlocutory injunction against the MP from performing his Parliamentary duties.
However, his effort to have the MP served with the processes has yielded no results.
With an exparte motion, he prayed the court for substituted service.
The exparte Motion moved by Frank Davis counsel for the applicant, Michael Ankomah Nimfah, prayed the court to allow copies to be posted on his frontage and doors of his home.
While granting the motion, the court has also directed that the processes be published in the Daily Graphic and would be deemed valid after seven days.
The panel presided over by Justice Jones Dotse with support from Justice Henrietta Mensah Bonsu, Justice Mariama Owusu, Justice Agnes Dordzie, Justice Nene Amegatcher, Justice Gertrude Torkornor and Justice Yoni Kolendi adjourned the case sine die (indefinitely).
James Quayson was absent in court because the bailiff at the High Court in Assin Fosu was unable to serve him with the processes.
A seven-member panel of the Supreme Court is expected to hear an interlocutory injunction filed by NPP’s Michael Ankomah-Nimfah against James Gyakye Quayson from performing his Parliamentary function.
The apex court will also be interpreting Article 94(2)(c) in the same matter.
In Court on Tuesday, February 1, the Court’s registrar informed the Court that their attempt to have the MP served through Parliament has proved unsuccessful.
It was the case of Matthew Antianye, the registrar, that, for the first attempt, “the address of service was through the Clerk of Parliament, but the Clerk said it ought to be served on the Speaker.
For the second attempt, the service was through the secretary of the Speaker, but the secretary said the Speaker was out of Parliament and could not receive the processes.
A seven-member panel of the Supreme Court presided over by Justice Jones Dotse directed the applicant to assist the registrar with the service on James Quayson, the First Defendant in the matter, while it adjourned the matter sine die.
The Electoral Commission and the Attorney General are the second and third Defendants.
The Electoral Commission says it’s ready to conduct a fresh election in the Assin North Constituency following a court order restraining Mr James Gyekye Quayson, from holding himself as Member of Parliament for the Area.
A Cape Coast High Court, on Wednesday, cancelled the December Parliamentary Election in the Constituency, stating that Mr Quayson did not qualify to contest the election and called for a rerun.
Dr Serebour Quaicoe, the Director of Electoral Services at the Electoral Commission (EC), told the Ghana News Agency in an interview that the Commission would in accordance with its mandate, comply with the court orders.
“This issue happened yesterday so we are waiting for the official notification from the court to enable us to put out the timetable, which will include the period of nomination. Our core mandate by law is to organise elections so we are ever ready,†he said.
Dr Quaicoe stated that the Commission after receiving the official notification of the court verdict was bound to organise the election within 30 days.
The court, in its ruling, said the election of the first respondent was illegal, void, and was in contravention of article 94 (2) of the Constitution
It said he held allegiance to the Canadian government as at the time he filed his nomination to contest as a parliamentary candidate for the 2020 general election.
Justice Kwasi Boakye said Mr Quayson was not qualified to contest the election because the certificate denouncing his allegiance was issued in November 2020 whiles he filed to contest in October 2020.
The development has reduced the number of parliamentarians of the National Democratic Congress from 137 to 136, which gives the New Patriotic Party a slim majority of 137 plus one independent candidate.
The pending by-election would be the 31st in the 4th republic, which spans from 1993 to January 2021.
Out of the 30, the New Patriotic Party had secured 15, the National Democratic Congress, 13, and the Conventions Peoples Party, one.
The Cape Coast High Court on Wednesday, July 28, 2021 passed a verdict on the election petition against the member of Parliament for Assin North, James Gyaakye Quayson.
The petition was brought before the court by one Michael Ankomah-Nimfah, resident of the constituency who was challenging the eligibility of the MP.
The court presided over by Justice Kwasi Boakye upheld the argument of the petitioner, confirming that James Quayson was not qualified to contest the 2020 elections.
The basis for the ruling is that at the point of filing to contest the elections, James Quayson had not successfully renounced his Canadian citizenship.
The court in its ruling annulled the 2020 parliamentary election in the Assin North Constituency and ordered a new election.
The court also stated that James Quayson ceases to be a Member of Parliament and therefore can not hold himself as such.
View the 64-page ruling by the Cape Coast High Court and can be read below
The July 28, 2021 ruling by a Cape Coast High Court that Member of Parliament for Assin North, James Gyakye Quayson, ceases to hold himself as a lawmaker till he contests in a new election is the latest twist in a saga that involved legal and political jostling.
There are shouts of vindication by the ruling New Patriotic Party and vows of seeking redress from the main opposition National Democratic Congress, NDC, whose candidate has been thrown out of Parliament.
But the issue started from the filing of nomination forms of the then NDC-candidate, his election, a High Court case that attracted a Supreme Court ruling and of course the chaos which rocked Parliament till the ‘cease and desist’ verdict of the Cape Coast High Court.
Sometime in 2020, after securing his party’s nomination as a Parliamentary candidate, Quayson went ahead to file his papers to contest for the Assin South constituency seat.
He will go on to be elected as MP-elect after polling 17,498 (55.2%) of valid votes cast to unseat Abena Durowaa Mensah of the NPP who got 14,193 (44.8%).
Then the issue of his dual citizenship popped up, that he was a citizen of Canada at the time of the election, thus did not have the right to file his candidacy let alone run in the election.
Center of controversy in Speakership vote
James Gyakye Quayson was allowed to cast his ballot in the voting process for a new speaker on January 7, 2021 after a rancourous process in which the NPP caucus insisted that there was a court injuction against his election.
The court had asked that he desists from holding himself out as a lawmaker after one Michael Ankomah-Nimfa of Assin Bereku filed a case against his citizenship status.
The clerk of Parliament subsequently allowed him to vote in the process that produced Alban Bagbin as Speaker of the House.
Minority leader Haruna Iddrisu had argued that courts do not determine who becomes MP whiles the majority swore to cite him for contempt of court.
Case rolls on, goes to Supreme Court for interpretation
Back in the Cape Court High Court where the case was originaly filed, the MP’s lawyers at a point moved to the Supreme Court seeking the apex court to invoke its supervisory jurisdiction over the case relative to the MP’s dual citizenship.
But the court dismissed the case citing the fact that the High Court had not made any ruling on the issue for which the petitioner had come seeking the apex court to act.
The Justice Yaw Appau-led bench said, the application ought to have been first raised at the High Court for a determination.
This cleared the way for the High Court to deliver judgment.
High Court orders new election
The High Court on Wednesday July, 28, 2021 passed a verdict on the election petition against the Assin North MP, James Gyakye Quayson.
The court presided by Justice Kwasi Boakye upheld the argument of the petitioner, confirming that James Quayson was not qualified to contest the 2020 elections.
The basis for the ruling is that at the point of filing to contest the elections, the court claims James Quayson had not successfully renounce his Canadian citizenship.
NPP files criminal case with CID
The Central Regional Secretary of the ruling New Patriotic Party has filed a petition at the Criminal Investigations Department of the Ghana Police Service, demanding that James Quayson be investigated for committing perjury.
Richard Techie-Mensah told Citi News on Wednesday, July 28, 2021 that James Quayson lied to the state during the filing of nomination forms for the 2020 elections.
He claims that James Quayson told a judicial officer then that at the point of filing his forms in October he owed allegiance to no country aside Ghana.
Following the ruling by the Cape Coast High Court, Richard Techie-Mensah is of the view that James Quayson committed perjury by lying under oath and must be prosecuted for same.
