As it is with the Banned NDC MP-elect for Assin North Constituency, so Shall it be with ….

On Wednesday, 6 January 2021, a Cape Coast court granted an interlocutory injunction against Mr James Gyakye Quayson from being sworn in as a Member of Parliament for Assin North constituency. Mr James Gyakye Quayson, the NDC MP-elect for Assin North was sued by one Michael Ankomah-Nimfah for allegedly holding dual Ghanaian and Canadian citizenship.

In view of the petitioner, it is in contravention of Article 94 (2) (a) of the 1992 Constitution of Ghana for anyone holding dual citizenship to become an MP in Ghana. It means the person will be owing allegiance to both his native country Ghana and his adopted foreign country in which case the person cannot be trusted to serve fully Ghana and be entrusted with state secrets hence barring dual citizenship holders from becoming Members of Parliament in Ghana.

However, at the time of Mr Quayson filing his nomination papers for candidature to contest for the Assin North constituency as an MP on the ticket of the NDC, between 5th and 9th October 2020, he was a citizen of both Ghana and Canada. This makes him illegal as a candidate.

He processed the papers for his renunciation of his Canadian citizenship after he had filed his nomination forms. His renunciation of his Canadian citizenship was granted by the Canadian government in November 2020 on or around the 26th. This goes to tell that he is in breach of the cited Constitutional Article 94 (2) (a) which states "(2) A person shall not be qualified to be a member of Parliament if he—(a) owes allegiance to a country other than Ghana". However, the complainant said the MP-elect still held on to Canadian citizenship at the time he was filing to contest in the December polls.

This goes to tell that he has breached the Ghana constitution. I am certain there will be a question on the nomination forms asking the applicant to state their nationality and another about whether the applicant holds another nationality. I stand to be corrected here. With the cited Article 94 (2) (a) in mind, Mr Quayson would surely have answered "No" to any question about if he holds any other nationality apart from Ghana's. If he answered in the affirmative, then he must have caused fraud. And, as said, "fraud vitiates all contracts" hence the Cape Coast court issuing injunction against him from presenting himself at the 8th parliament of the 4th Republic to be sworn in as an MP.

Even though he is no longer a Canadian citizen, at the time of filing his nomination papers, he was, hence had breached the law. If he had lied on the nomination form, he could equally be prosecuted for crime.

There is a precedent where the late Hon Adamu Dramani Sakande contested the Bawku Central parliamentary seat on the ticket of the ruling NPP in the 2008 election. He was able to snatch it from Mahama Ayariga, the incumbent. A Bawku-based cattle dealer, Sumaila Bielbiel, challenged him for holding a dual British and Ghanaian citizenship. He was subsequently found guilty of false declaration of office, perjury and deceit of a public officer by an Accra Fast Track Court in 2012, sentenced to two years in prison and subsequently lost his parliamentary seat. He was only to be granted a presidential pardon on 31 December 2012, by the then President John Dramani Mahama, based on medical grounds of ill-health.

If you act in contravention of an existing law that expressly spells out its punitive measures, you will surely be punished even if you correct your mistake thereafter, especially where there is a precedent of someone been punished for same offence.

Therefore, what happens to a chief who lies on a Chieftaincy Declaration (CD) form to be granted permission to be gazetted as though, he had no case against him prior to requesting to be gazetted? If say, on the form there is a question asked, "Is your nomination as chief-elect or your throne being contested by anyone in court?" If the chief-elect answers YES, he will not be gazetted until the case has been decided in his favour by the court. However, if he answers NO, he will be given the green light to be gazetted. What, if there is abundant credible evidence to prove that at the time of his election and swearing in as chief-elect, and filing his application forms for gazetting, there was a court case pending against his selection and swearing in as chief-elect? Will he be found guilty of the relevant laws in place as forgery, thus falsification of document in what is false declaration of office and deceit of a public officer in what constitutes fraud?

Check the Ghana Criminal Code 1960 (Act 29) Sections 248 and 249. They state:

" Section 248—Making False Declaration, etc., for Officer or Voting.

Whoever, in order that he may obtain or be qualified to act in any public office or to vote at any public election makes, signs, publishes, or uses any declaration, statement or oath, required by law in such case, or any certificate or testimonial as to his conduct or services, or as to any other matter which is material for the obtaining by him of such office, or for his qualification to act in such office or to vote at such election, shall, if he does so, knowing that the declaration, statement, oath, certificate, or testimonial is false in any material particular, be guilty of a misdemeanour.

Section 249—Giving of False Certificate by Public Officer.

Every public officer who, being bound or authorised as such officer to attest or certify, by writing or otherwise, any document or matter, or that an event has or has not happened, attests, or certifies the document or matter knowing it to be false in any material particular, or attests that such event has happened or has not happened, as the case may be, without knowing or having reason to believe that it has happened or has not happened as the case may be, according to his attestation or certificate, shall be guilty of a misdemeanour.

I am still researching and counting the number of instances of fraud committed by both our traditional leaders and public officers and how the courts ruled on their cases. If Mr "A" was punished for committing fraud of a particular type, why should Mr "B" not punished when he commits same offence but be spared because of his position or how better he can grease the palms of the adjudicators with cash or juicy promises?

Rockson Adofo is watching from London so the Ghana legal system had better take note.

Rockson Adofo

Thursday, 7 January 2021