The Supreme Court has spoken finally on Assin North MP – James Gyakye Quayson dated 5th June 2023, and this is their words, “qualifications as MP must be at the time of nomination and not an election.”
The same Supreme Court once upon a time in the Nduom case has held that the NOMINATION PERIOD for an election must extend beyond the submission of nomination forms and must include the period the EC uses to scrutinize submitted results, within which the EC is supposed to give candidates a hearing and an opportunity to rectify any anomalies on their nomination form.
Section 20 (d) of the Representation of the People Act (PNDC Law 284) is clear and unambiguous and this is the position of the law that qualification as MP begins on election day.
The question are as follows :
- Where lies the independence of the EC beyond this ruling…?
- James Gyakye Quayson submitted the nomination form to EC on 9th October 2020. The EC scrutinize his document on 27th November 2020. Does it means that the nomination period for James Gyakye Quayson ends only on 9th October 2020 because he is a member of the opposition …..?
- The election of James Gyakye Quayson as MP for ASSIN NORTH was held on December 7, 2020. And the declaration took place same date.
- The swearing-in as MP in parliament was held on 7th January 2021. I am confused, seriously with this judgement, seriously. ….?
- James Gyakye Quayson RENOUNCED his Canadian Citizenship in December 2019 but for the COVID-19 pandemic, he received his CERTIFICATE on 26th November 2020. There was no point where he did not meet the requirement of law in Ghana. Please, SC, we need more clarity on your judgment.
