‘Supreme Court’s verdict on Gyakye Quayson contradicts section 20 (d) of PNDC Law 284’ – Sammy Gyamfi

The opposition National Democratic Congress (NDC) has after receiving the full verdict, challenged the Supreme Court's decision to depose James Gyakye Quayson as Member of Parliament for Assin North.

The party says the ruling contradicts election laws in the country.

Sammy Gyamfi, the NDC's National Communications Director, noted in a statement that according to Section 20 (d) of the Representation of the People's Act (PNDC Law 284), a candidate must be qualified at the time of election, not nomination as stated by the apex court.

"Strangely, the Supreme Court of Ghana in their judgment says that qualification must be at the time of NOMINATION...The decision of the Supreme Court to annul Hon. Gyakye Quayson’s election is solely based on the fact that, at the time he submitted his nomination form to the EC on 9th October, 2020, he had not received his certificate of renunciation of his Canadian citizenship," Mr. Gyamfi said.

The legal practitioner argued that even by the court's own interpretation, the lawmaker’s nomination was valid because the nomination period includes the period used by the Electoral Commission (EC) to scrutinize nominations.

During this period, the EC, according to Sammy Gyamfi, invited Mr Quayson to respond to a petition against his nomination.

"A day before he appeared before the EC at their Headquarters in Accra, that is on 26th November, 2020, Hon. Quayson received his certificate of renunciation of his Canadian citizenship.

“This is why after investigating the matter, the EC accepted his nomination as valid and cleared him to contest the election on 27th November, 2020 because he had already received his certificate of renunciation a day prior," he noted.

Mr. Gyakye Quayson received the renunciation certificate 10 days before the election, thus meeting the qualification deadline, the opposition party’s spokesperson added. "As a discerning and objective Ghanaian, judge for yourself if the Supreme Court's decision to annul Hon. Quayson’s election is fair or not."

The Supreme Court's ruling comes after Mr Quayson's election was challenged on grounds of citizenship.

Mr Quayson, who risks 10 years in jail over criminal charges, has declared his intention to contest the upcoming by-election slated for June 27.

"The Assin North constituents will have an opportunity to reelect him in the polls," according to Sammy Gyamfi. "In all this, I am glad that the good people of Assin North in whom sovereignty resides, will have the opportunity to do JUSTICE in this matter once and for all, on 27th June, 2023."

“I have no doubt in my mind, having been on the ground and interacted with many of them the past few days, that they will not falter. And that, they will vote for Hon. James Gyakye Quayson," said disappointed Sammy Gyamfi.