The National Democratic Congress (NDC) Minority in Parliament has expressed surprise at the ruling of the Supreme Court directing Parliament to expunge the records of Mr James Gyakye Quayson as a Member of Parliament for Assin North in the Central Region.
A statement issued by Dr Cassiel Ato Baah Forson, the NDC Minority Leader, and shared with the Ghana News Agency, said the Caucus would explore all legal avenues to ensure that justice was served.
The Court Wednesday ruled that the Electoral Commission (EC) acted unconstitutionally in allowing Mr Quayson to contest the 2020 parliamentary elections without proof of him renouncing his Canadian Citizenship.
This follows the case filed by a resident of the constituency Michael Ankomah Nimfah.
Mr Nimfah had asked the court to rule that upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of Ghana, at the time Mr Quayson filed his nomination form in October 2020 to contest the 2020 Parliamentary election for the Assin North Constituency, he was not qualified to contest a member of Parliament.
This is because the Constitution does not allow a person with dual nationality to hold certain public offices, including a Member of Parliament.
However, the Minority’s statement said: “It is important to place on record that as at the time of his election, Mr Quayson was not a dual citizen, neither was he a dual citizen as at the time he took office as Member of Parliament.
“The intention of the framers of Ghana’s Constitution is not to allow a dual citizen to perform the functions of a Member of Parliament.”
It said it was, therefore, baffling that the apex court would direct the removal from Parliament of such a person who had been duly elected as a Member of Parliament.
The Court by its decision, on Wednesday, invalidated the nomination, election and subsequent swearing-in of Mr James Gyakye Quayson, the MP for Assin North.
It thus declared the election and swearing in of Mr Quayson unconstitutional and of no legal effect.
“We are yet to study the reasons of the Court in making its decision. It appears to be a slap in the face of democracy and the rule of law,” the NDC Caucus stated.
“We shall inform the public of our position upon reviewing the reasoning of the Court in arriving at its decision.”
It urged the supporters of the party to remain calm as it pursued the matter.