Director of legal affairs for the New Patriotic Party (NPP), Gary Nimako, has revealed that the election of Member of parliament for Assin North, James Gyakye Quayson, and his presence in parliament was weak.
According to him, Mr Quayson should have never been elected to office considering the contentions surrounding his dual citizenship. He indicated the decision by the Supreme Court to expunge the name of the MP from parliamentary record is a step in the right direction, especially as the constitution is clear on the requirement for filing as a public office holder in the country.
“I think that this gentleman in the first place ought not to have been in parliament at all. The foundation of his presence in parliament was weak and he knew very well from day one that he was not supposed to have put his name up for elections because at the time he put his name up for elections, he was still holding on to the Canadian citizenship.”
Gary Nimako
Mr Nimako stated that although Mr Quayson had initially filed for an application renouncing his Canadian citizenship, the Assin North MP should have waited to receive the certificate of renunciation before filing as an MP. He explained that the certificate for renunciation can be refused and in Mr Quayson’s case, he should have waited patiently to receive the certificate before proceeding to file as an MP.
“The law has been very clear all this while that at the time of filing, you must ensure you qualify under Article 94 and 95. Clearly, this gentleman had made an application to the Canadian embassy but at the time of filing, he had not been given the certificate of renunciation. So, the application was still pending…”
Gary Nimako
NDC legal representative justifies Quayson’s claims
On his part, a member of the National Democratic Congress (NDC) legal team, Eduzdi Tamakloe, expressed his reservation on the verdict by the Supreme Court to expunge the name of the Assin North MP from parliamentary records. He stated that when it comes to the verdict by the Court, what is in doubt is whether or not Gyakye Quayson, by reason of Article 94 2 (a) he is qualified to be or elected as a member of parliament.
“I need to point out that what happened yesterday at the Supreme Court, was an application very restrictive, full of interpretation to oust the duly elected MP for Assin North. What is not in doubt is that the will of the people of Assin North was not challenged. What was not challenged was the fact that he was duly elected by the majority of the people there.”
Eduzdi Tamakloe
Mr Tamakloe explained that the constitutional exemptions which influenced the verdict by the Court is not against dual nationals or citizenship. He stated that so long as Mr Quayson hasn’t pledged allegiance to Canada, he is well within his rights to contest for the seat.
“The operative word there is allegiance, not citizenship. The favors of the constitution does not say, a person shall not be qualified if he is a citizen of a country, other than Ghana.”
Eduzdi Tamakloe
The Supreme Court on Wednesday ruled that Parliament should expunge the name of Mr Gyakye Quayson from its records. The ruling was as a result of a case brought before the Supreme Court, invoking its original jurisdiction to examine the constitutionality of James Gyakye Quayson’s election.
In spite of the decision by the Supreme Court, the National Democratic Congress has pledged its support to the Assin North MP, describing the verdict by the court as strange. The party equally vowed to help Mr Quayson reclaim the seat anytime the by-election is held.
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