Justice Duose, a retired Supreme Court justice, has deemed unconstitutional the Supreme Court decision that proclaimed James Gyakye Quayson's election as the Member of Parliament (MP) for Assin North.
The Retired Appeals Court Judge stated on Accra-based CTV that people must take the time to peruse the judgment.
"In all honesty, we must take our time reading this judgment because it contains many topics that some of us do not know. The fact that Gyakye Quayson sought Canadian citizenship on his own is baffling; he voluntarily renounced his citizenship by writing to the Canadian government.
"Now, according to our friends, despite having renounced his citizenship, he cannot claim he is no longer a citizen until the other state agrees and issues him a certificate. Everyone in Ghana is aware that Ghanaians who become citizens of other countries do so for convenience," he said.
Justice Duose Rtd continued, "It's comparable to obtaining a building authorization. You have completed the exams, they have graded them, the results are in, and they indicate that you have passed, but because you lack a certificate, you cannot attend school. "This is what has occurred."
"You have passed your exams, but you cannot attend school because you do not have a certificate; you only have a results slip," he emphasized.
However, according to the former justice of the Court of Appeals, the judges made a mistake in their decision.
"I believe so: [the Judges] made a grave error. "I believe they committed an error, and the criticisms that follow are valid and constructive," he stated.
"We applaud a Ghanaian who moves abroad, acquires citizenship, and rises to power." We all applauded when our child [Ghanaian] became finance minister [Kwarteng in the United Kingdom]. Why are you praising your native who has achieved success in a foreign country when your own native has come to do something in this country?" Justice Duose (Retired) questioned.
As far as I'm concerned, I disagree, said the retired judge of the Court of Appeals.
He urged political commentators to avoid labeling judges as NPP or NDC judges because they are impartial.
"They shouldn't say that because a judge was appointed during the Kufuor administration, he must support anything Kufuor-related, or that because he was appointed during the Atta-Mills administration, he must support anything Atta-Mills-related. This is not how the law operates. "As soon as the judge receives his certification, he is impartial," he said.
Justice Duose stated, "Like the current Chief Justice, I believe she has risen under all presidents, so I will not agree with those who label her an NPP or NDC judge."