Lawyer Abraham Amaliba, Director of Legal Affairs for the National Democratic Congress (NDC), has expressed the party's firm disagreement with the recent ruling by the Supreme Court to remove James Gyekye Quayson as a Member of Parliament due to his dual citizenship status.
Amaliba argued that the court's decision was not supported by any law, as the constitution stipulates that a person contesting as a Member of Parliament should be qualified at the time of the election, not at the time of nomination. Citing Section 20 of the People's Representation Act, he contended that qualifications should be assessed based on the election date, not the nomination date.
"The Supreme Court said that he should have waited to obtain the certificate (renunciation of his citizenship certificate), but as for us, we don't agree with them because if you check the qualifications, it has to do with the time of the elections and not the time of nomination and I can give you the reason why we are saying that, but for them, they don’t have any law to prove that," Amaliba stated.
He further expressed disappointment that the court did not consider their perspective and announced their intention to pursue a bye-election.
“When you look at the People’s Representation Act, section 20 states that the person contesting as a Member of Parliament should be qualified at the time of the election and not at the time of the nominations that they are saying but they haven’t listened to us, so we will go for bye-election,” he said.
The disagreement stems from a recent ruling by a seven-member panel of the Supreme Court that ordered the expulsion of James Gyekye Quason as a Member of Parliament.
Gyakye Quayson had been accused of holding dual citizenship (Ghanaian and Canadian) prior to the 2020 election, an allegation he vehemently denied.
In the ruling, the apex court bars Quayson from holding himself as a Member of Parliament.
Gyekye 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.
Background
The State had on February 12, last year, 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 on 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 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 decision of the trial judge and order of Prohibition against the judge.
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