Supreme Court Orders Removal of James Gyakye Quayson as MP for Assin North Constituency
The Assin North Constituency seat has been declared vacant following a ruling by the Supreme Court of Ghana. The court directed the House to expunge the name of James Gyakye Quayson, the Member of Parliament for the constituency, from its records. The vacancy announcement was conveyed in a letter written by the Clerk of the House to the Electoral Commission of Ghana (EC).
The letter, issued by L. Cyril Kwabena Oteng Nsiah, the Clerk to Parliament, stated that the vacancy was necessitated by the Supreme Court’s judgment dated May 17, 2023, under Writ No. J1/11/2022. The judgment was made in the case of Michael Ankomah Nimfah versus James Gyakye Quayson.
“In the exercise of the power conferred and the duty imposed on the Clerk to Parliament by section 3 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527), I do hereby formally notify you of the occurrence of a vacancy in the Assin North Constituency,” the letter read.
The Clerk of the House requested the Electoral Commission of Ghana and the Attorney-General to take appropriate consequential action as required by law.
This development has significant implications for the representation of the Assin North Constituency in Parliament, and the Electoral Commission will be responsible for initiating the necessary processes to fill the vacant seat in accordance with legal procedures.
Background
In a significant ruling, a seven-member panel of the Supreme Court has directed Parliament to expunge the name of James Gyakye Quayson as a Member of Parliament. According to citinewsroom.com, the apex court has also prohibited Mr. Quayson from assuming the role of a Member of Parliament.
Mr. Quayson has been facing trial on several charges, including deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
Justices Jones Victor Dotse, Nene Amegatcher, Mariama Owusu, Gertrude Araba Torkornoo, Prof. Henrietta Mensa-Bonsu, Yonny Kulendi, and Barbara Ackah-Yensu, constituting the panel, declared that Mr. Quayson was not qualified to contest the 2020 election.
The State initially charged James Gyakye Quayson on February 12, 2022, with five counts, namely deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
During the trial in July 2022, Mr. Quayson’s legal team, led by Lawyer Tsatsu Tsikata, raised concerns about the competence of the Prosecution’s First Witness, Richard Takyi-Mensah, who is a teacher, and the admissibility of his witness statements.
However, the trial Judge, Justice Mary Maame Ekue Yanzu, overruled the objection, stating that the witness was competent and admitted the witness statements and paragraphs.
Displeased with the ruling of the High Court, Mr. Quayson and his legal team filed a motion at the Supreme Court, seeking to overturn the decision of the trial judge and requesting an order of Prohibition against the judge.
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