Speaking at a public lecture on Tuesday, October 24, 2024, the retired Supreme Court judge described the ruling of the court as scandalous.
He explained that the court should not have heard the case in the first place because it was adjudicated by the High Court and the decision to do so goes against the basic principle of law.
He added that the Supreme Court should have executed the High Court’s decision and not started a fresh trial.
“The decision of the Gyakye Quayson case was scandalous. The Supreme Court re-adjudicated the matter already decided by the High Court,” he said.
Justice Atuguba said that the Supreme Court erred with its decision to declare Quayson's election victory null and void when the MP had clearly renounced his Canadian citizenship in November 2020, and the election was in December 2020.
“The Supreme Court does not stand in good light despite the clear renunciation in November 2020 whereas the election was in December, I am not able to see substantial justice in this,” he said.
He indicated that it does not make sense for the court to say Quayson owed allegiance to Canada when it had also cited his renunciation certificate issued in 2019.
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Background:
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.
he 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 vrs 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.
Quayson won the by-election and was sworn into parliament again.
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