Mahama Ayariga, the MP for Bawku Central, has expressed his dissatisfaction with the Supreme Court’s decision to invalidate James Gyakye Quayson’s election as the MP for the Assin North Constituency.

The Supreme Court unanimously decided that James Gyakye Quayson should no longer be listed as a Member of Parliament (MP) for the Assin North seat. The Supreme Court was asked to rule on the validity of James Gyakye Quayson’s election, in response to allegations that he owed allegiance to Canada.

Mahama Ayariga expressed his worry in an interview, saying: “Some of us advocated that the court should be more progressive in its interpretation of the Constitution and assume the determination of status to the point where an MP is being sworn in. But it seems the court has taken a position that it should be at the time that you are even filing your nominations to contest an election.”

Ayariga criticized the Supreme Court for hurriedly issuing the order, without giving the case’s full ruling.

“I have been a critique of the Supreme Court taking decisions without reasoning and even allowing time before they give judgment. In politically charged cases, it will do the Supreme Court image good if they took their time to give the decision and the reasoning at the same time, so that it will not allow for all sort of interpretations.”
Mahama Ayariga

The Minority caucus (NDC) in Parliament sharply criticized the Supreme Court’s decision to invalidate the Assin North 2020 parliamentary election, despite Evans Nimako, the New Patriotic Party’s (NPP) Director of Elections, praising the decision.

NDC To Support Gyakye Quayson To Reclaim Assin North Seat

When a by-election is called, the National Democratic Congress (NDC) vows to back James Gyakye Quayson, who is under fire, to win back the Assin North parliamentary seat.

General Secretary of the NDC, Fifi Fiavi Kwetey stated that: “the full weight of the party, including the Minority Caucus in Parliament, will be put behind Honourable Quayson so as to ensure an even more resounding victory for him in the upcoming bye-election.”

On Wednesday, the Supreme Court ruled that Parliament should remove Mr. Gyakye Quayson’s name from its files. The Supreme Court’s original authority to review the constitutionality of James Gyakye Quayson’s election was invoked in the case that led to this decision. Prior to the 2020 election, James Gyakye Quayson was charged with having a dual citizenship, which he adamantly rejected.

The Minority Leader, Dr. Cassiel Ato Forson in an earlier statement, insisted that “at the time of his election, Hon. 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 Parliament.”
Dr. Cassiel Ato Forson

In a statement, the NDC also characterized the decision as odd and cited instances involving the Honorable J.H. Mensah, the Honorable Baba Jamal, and the Honorable Peter Amewu, where the “Supreme Court had stated that it did not have the jurisdiction to invalidate a Parliamentary election and that the High Court is where such a matter should be taken.”

The party added that even though there are “serious questions about the legitimacy of this decision after consultation with Hon Quayson, the leadership of the National Democratic Congress (NDC) wishes to state unequivocally that we are ready for the bye-election that is now the result of this decision.”