How Minority Leader sees Supreme Court's directive kicking Quayson out of Parliament

The Minority Leader in Parliament, Dr Cassiel Ato Forson has reacted to the Supreme Court's directive asking Parliament to expunge James Gyakye Quayson's name as Member of Parliament from the Assin North constituency.

In a press statement issued Wednesday reacting to the Supreme Court's ruling, Dr Ato Forson argued that "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."

His thinking is that, "as at the time of his election, James Gyakye Quayson was not a dual citizen, neither was he a dual citizen as at the time he took the oath of office as a Member of Parliament."

"It is therefore baffling that the Supreme Court could direct the removal from Parliament of such a person who has been duly elected as a Member of Parliament."

Related: James Quayson’s election as MP for Assin North unconstitutional - Supreme Court rules  

Contrary to the Minority Leader's thinking, the Supreme Court in a unanimous ruling declared as unconstitutional the election of James Gyakye Quayson as a Member of Parliament (MP) for Assin North in the Central Region,

In a unanimous decision Wednesday morning (May 17, 2023), a seven-member panel of the Supreme Court ordered Parliament to expunge the name of Mr Quayson as MP, reports Graphic Online’s Emmanuel Ebo Hawkson from the court.

It was the considered view of the court that the election of Mr Quayson breached Article 94(2) (a) of the 1992 Constitution because at the time he filed to contest the elections he was not qualified to be elected as a legislator since he had not renounced his dual citizenship 

The court therefore declared Mr Quayson filling to contest, the EC’s decision to allow him to contest as well as his swearing-in as MP in Parliament as all unconstitutional, null and void.

The seven -member panel of the court was presided over by Justice Jones Dotse, with Justices Nene Amegatcher, Mariama Owusu, Gertrude Torkornoo, Prof Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi and Barbara Ackah-Ayensu 

The court said the full reasons for its decision will be filed at the court’s registry by June 7, this year.

Attached below is a press statement in which Dr Cassiel Ato Forson expresses how he sees the Supreme Court's unanimous ruling directive kicking Gyakye Quayson out of Parliament

STATEMENT ON SUPREME COURT RULING DIRECTING PARLIAMENT TO REMOVE JAMES GYAKYE QUAYSON AS MEMBER OF PARLIAMENT

The Minority Caucus has become aware of the Supreme Court's decision invalidating the nomination, election and subsequent swearing in of the 
James Gyakye Quayson, Member of Parliament for Assin North, as being unconstitutional and of no legal effect, and subsequently directing Parliament to expunge his name from its records.

It is important to place on record that as at the time of his election, James Gyakye Quayson was not a dual citizen, neither was he a dual citizen as at the time he took the oath of office as a 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 is therefore baffling that the Supreme Court could direct the removal from Parliament of such a person who has been duly elected as a Member of Parliament.

While we are yet to study the reasoning of the court in making its decision, it appears to be a slap in the face of our democracy and the rule of law.

We shall inform the public of our position upon reviewing the reasoning of the Court in arriving at its decision. We urge our rank and file to be calm while we pursue all legal avenues to ensure that justice is served.