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Court of Appeal throws out Assin North MPs case

The Court of Appeal has dismissed a case brought forward by the embattled Member of Parliament for Assin North, James Gyakie Quayson.

James Quayson

Hon. Quayson prayed the court to throw out a judgment by a Cape Coast High Court which declared his election as a parliamentarian null and void.

Presiding judge Irene Charity Larbi said on Tuesday, 22 March 2022 that Mr Gyakye Quayson did not comply with the court’s directive that he makes his written submission available within 21 days from the time of filing the application in October last year.

The Supreme Court had also unanimously dismissed his application to quash a decision of the Court of Appeal not to refer article 94 (2) (a) to the Supreme Court for interpretation.

Mr Quayson allegedly owes allegiance to Ghana and Canada and, thus, prohibited by Article 94 (2) (a) of Ghana’s 1992 Constitution from holding public office such as an MP.

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The Cape Coast court, presided over by Justice Kwasi Boakye, on Wednesday, 28 July 2021, ordered a fresh poll to be conducted in the constituency.

The judge said Mr Quayson, as of the time he filed to contest the election, held allegiance to another country – Canada.

Mr Quayson held dual citizenship contrary to Article 94 (2) (a) of the 1992 Constitution of Ghana, which states: ‘A person shall not be qualified to be a Member of Parliament if he – (a) owes allegiance to a country other than Ghana’.

But in a notice of appeal filed on Monday, 2 August 2021, at the Court of Appeal, Cape Coast, Mr Quayson said the ruling delivered by the High Court was neither based in law nor in fact.

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