SC Decides ‘Burger’ MP’s Fate May 17

The Supreme Court has set May 17, 2023, to deliver a judgment in the case challenging the eligibility of restrained Member of Parliament (MP) for Assin North, James Gyekye Quayson, to have contested in the 2020 parliamentary election.

The writ, filed by the NPP’s losing candidate, Michael Ankomah-Nimfah, is seeking the interpretation of Article 94 Clause 2a of the 1992 Constitution, which deals with eligibility of a person to contest as an MP in Ghana.

The writ avers that per Article 94 of the 1992 Constitution, the Representation of the People Law, Act 284 and the CI 127, Mr. Quayson was not qualified at the time of filing to contest the 2020 parliamentary elections, since he held a Canadian citizenship.

The writ attached an application for interlocutory injunction pending the determination of the case, and the court on April 13, 2022, in a 5:2 majority decision granted the application and restrained the MP from further carrying himself out as the people’s representative of Assin North.

The court also restrained the MP from further attending Parliament with the aim of attending to business of the House in the name of the people of Assin North.

A Cape Coast High Court in 2021 had prior to that ordered the MP to vacate his seat after it found that at the time of filing his nomination to contest in the parliamentary election, which he won on December 7, 2020, Mr. Quayon held dual citizenship.

The Supreme Court on March 1, 2023, ordered counsels for the parties to file their joint memorandum of issues to be determined by March 10.

Each counsel was further ordered to file their separate issues regardless of whether they were unable to agree on the issues to be determined.

The court, yesterday, indicated that both parties could not file a joint memorandum of issues but have both have filed their separate issues to be determined.

The seven-member panel of the court presided over by Justice Jones Dotse and assisted by Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Henrietta Mensah-Bonsu, Yonni Kulendi and Barbara Ackah-Yensu, adopted the separate issues filed by the parties.

The court said it reserves the right to set out the issues which are relevant to this case and will also identify those that are not relevant.

It adjourned the case to May 17, 2023, to give its judgment which will bring finality to the argument whether a person holding dual citizenship qualifies to contest as a Member of Parliament in Ghana.

Mr. Quayson was in court for only the second time since the case was filed against him.

Credit: Daily Guide

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