If it happened to Sakande, it should happen to Quayson – A-G demands
The Attorney General and Minister of Justice, Godfred Dame, believes James Gyakye Quayson, who has been banned as MP for Assin North, should suffer the same consequences as former MP for Bawku Central, Adamu Dramani Sakande.
Just as Mr Sakande lost the Bawku seat after winning the elections on the ticket of the NPP, the apex court has ruled that Mr Quayson should stop holding himself as MP for the Assin North constituency over dual citizenship.
In the case of Mr Sakande, he was further sentenced to two years in jail by the Accra Fast Track High Court in 2012 after he was found guilty of false declaration of office, perjury and deceit of a public officer.
Against this background, Mr Dame believes the Supreme Court must be balanced in applying the law on dual citizenship holders.
Speaking after the ruling on Wednesday, 13 April 2022, he pointed out that “Adamu Dramani Sakande found himself in a similar situation”.
He stated that Mr Sakande “was not qualified by the time nominations were opened and was subsequently declared ineligible and for that matter, his seat was taken away”.
In view of that, he wants “an even application of the law”.
“If it happened to Dramani Sakande of the NPP, it should happen to a gentleman of the NDC who finds himself in the same situation,” he stated.
“The Supreme Court has always exercised its powers to grant an injunction in constitutional matters. In 1996, the Supreme Court granted an injunction against the NPP in the case of Rosemary Quarm. NPP was injuncted from proceeding to elect a candidate. It is a Court of Law and equity, and therefore it has the right to determine whether to grant injunctions when constitutions are breached or not.”
“Each passing day, Mr Gyakeye Quayson holds himself as MP for Assin North, the constitution is breached,” he noted.
Background
In a 5-2 judgment, the apex court declared that the MP could no longer fulfil parliamentary duties until the complaint against him was resolved.
This decision was taken in a petition brought before the Supreme Court by Michael Ankomah-Nimfa, a resident of Assin Bereku in the Central Region.
It will be recalled that the Cape Coast High Court, in July 2021, annulled the Assin North parliamentary elections when it ruled that Mr Quayson owed allegiance to another country other than Ghana at the time of filing his nomination forms to contest the polls.
Dissatisfied with the ruling, the MP filed a case for it to be set aside at the Court of Appeal.
But the court, presiding over by Irene Charity Larbi, ordered that all applications relating to the appeal case before the court concerning the Assin North MP have to be struck out.
Mr Quayson further took the case to the Supreme Court to set aside the decision of the Court of Appeal, but the apex court affirmed the judgement of the lower court.
The plaintiff also prayed the apex court to enforce the Cape Coast High Court Judgement and prevent a further breach of the constitution by restraining the MP.
“If he continues to be in Parliament, he will still be in breach of the constitution. The people of Assin North have been saddled with an unqualified person for far too long,” the lawyer for Mr Nimfah, Frank Davies, told the Supreme Court on Tuesday, 5 April 2022.
In court today, Wednesday, 13 April 2022, the justices ordered the MP not to carry out his parliamentary duties anymore.
The majority decision was taken by Justices Jones Dotse, Prof Ashie Kotey, Mariama Owusu, Gertrude Torkonoo, Clemence Honyenuga, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.
Justices Agnes Dordzie and Nene Amegatcher held the minority view.
Meanwhile, the Attorney General and Minister of Justice, Godfred Dame, has expressed his satisfaction with the Supreme Court’s ruling.
According to him, the ruling is an affirmation of law establishing principles by the Supreme Court.
“Adamu Daramani Sakande found himself in a similar situation. He was not qualified by the time nominations were opened and was subsequently declared ineligible, and for that matter, his seat was taken away. There has to be an even application of the law. If it happened to Daramani Sakande of the NPP, it should happen to a gentleman of the NDC who finds himself in the same situation.” he said.