NDC fights court’s decision to annul Assin North parliamentary results
The National Democratic Congress (NDC) says it will appeal the Cape Coast High Court’s decision, barring the Assin North MP James Quayson from holding himself as MP.
The party’s decision comes barely five hours after the court, in a judgment on Wednesday, cancelled the December 7, 2020, parliamentary elections held in Assin North.
The party’s National Communications Officer Sammy Gyamfi in a statement, said the legal team would file two processes (An appeal and a stay of execution application) to challenge the court’s decision.
A stay of execution will prevent the Electoral Commission (EC) from carrying out the judge’s orders of conducting a fresh election in Assin North constituency and barring James Quayson from holding himself as MP.
According to Mr Gyamfi, the court’s decision was fraught with many errors of law and is a gross misconduct of justice to the people of Assin North.
Mr Gyamfi says although the party is ready for a by-election, they will insist on justice to be served in the matter.
“Let me put on record that the NDC is not afraid of any by-election. We are confident of victory in any by-election if we get to that stage. All we want is for justice to be done. And we will stop at nothing to ensure that justice is done,” he said in a post.
Adding its voice, the Minority in Parliament, said it will also take the necessary steps to appeal the decision.
Minority Leader Haruna Iddrisu claims claims the decision is an attempt to use the courts to determine the balance of power in Parliament.
“We don’t want to believe that the courts have been captured but what is clear is that the court is being used to tilt the balance of power and to weaken the time tested the historical notion of checks and balance,” the minority leader said at a press briefing.
What did the judge say?
In the judgment, the court said the MP who was dragged to court weakened his case when his renunciation certificate date showed November 26, 2020, less than two weeks to the December 7, 2020 elections.
Per court records, at the time of filing, Mr Quayson had two citizenship certificates.
He still had his Canadian citizenship when he filed for parliamentary elections between October 5 and October 9, 2020, meaning the NDC MP was not qualified when he applied to compete for the Assin North seat.
The trial judge Justice Kwasi Boakye also mentioned that it would be a scar and a blot on the country’s legal jurisprudence if the error in the December 2020 parliamentary polls is allowed to stand.
The court also said it would be a cancerous tumour in Ghana’s elections if Mr Quayson is allowed, and continues to hold himself as Assin North MP.
In concluding, the judge said the MP had violated certain constitutional provisions and other statutory provisions that guide Ghana’s elections.
Also, a cost of GHC40 000 was awarded against the Assin North Member of Parliament.
Read Sammy Gyamfi’s full statement below
I have taken notice of a decision by the Cape Coast High Court that has annulled the Assin North Parliamentary Election, held on December 7, 2020.
1. First and foremost, let me condemn, in no uncertain terms, the shameful manipulation of court processes by the Registrar, Ustaz Hamza of the Cape Coast High Court and other judicial officers of the Court that frustrated and prevented the filing of a formal application by lawyers of the Assin North MP this morning, for the trial Court to refer the Constitutional questions that have arisen in the conduct of the case to the Supreme Court for determination before proceeding to give judgement.
It is reprehensible and appalling, to say the least, that Judicial officers who are paid by the State and are supposed to exhibit independence, impartiality and professionalism in their work have compromised their integrity and lent themselves as pliant tools for the manipulation of judicial processes in favour of the ruling New Patriotic Party. The day of reckoning and accountability for those unprofessional and partisan judicial officers will surely come.
2. Let me make the point that the judgment of the trial Court is fraught with many errors of law which have occasioned a gross miscarriage of justice to the people of Assin North. The decision by the trial judge that Hon. Quayson was not qualified to contest as MP in the December 2020 elections is contrary to section 20(1)(d) of the Representation of People’s Law, PNDC Law 284 and a true a proper interpretation of Article 94(2)(a) of the 1992 Constitution, both of which provides in effect that, a person must be qualified to contest as MP at THE TIME OF HIS ELECTION and at the time of him becoming an MP (that’s at the time of swearing in) respectively.
3. It is the considered view of the NDC, that Hon. James Quayson was qualified to contest as MP in the December 2020 elections by virtue of the fact that he applied to renounce his Canadian citizenship before he filed his nominations to contest as MP in October 2020. He was actually issued a certificate of renunciation in November 2020 before the Parliamentary Election on December 7, 2020. He was therefore qualified to be MP at the time of his election as required by section 20(1)(d) of PNDC law 284 and at the time of his swearing-in, as prescribed under Article 94(2)(a) of the Constitution. The December 2020 Assin North Parliamentary election in question was therefore lawful and valid in our view and we think the trial judge has erred in annulling same.
4. The claim by the trial judge that the Supreme Court has determined in the “Zanetor case” that a person must be qualified to be an MP at the time of the issuance of the Notice of Poll/opening of nominations by the Electoral Commission and that Hon. Quayson was not qualified to contest as MP because even though he had applied to renounce his Canadian citizenship, he had not been issued with a renunciation certificate as at the time of Nominations in October 2020, is palpably misconceived.
This is because the Zanetor case bordered Article 94(1) of the 1992 Constitution relative to the requirement for a person to be a Registered Voter before he can become an MP. The Assin North case on the other hand borders on Article 94(2)(a) of the Constitution which provides that a person shall not be qualified to be a Member of Parliament, “if he owes Allegiance to any country other than Ghana”. We, therefore, hold the view that the two cases are materially distinguishable.
5. Note that Section 20(1)(d) PNDC law 284, provides clearly that a person must be qualified to contest as MP at the time of the election relative to the issue of allegiance to a country other than Ghana. Also, note that Article 94(2)(a) was not interpreted by the Supreme Court in the Zanetor case which is the ratio the trial Judge appears to have applied in the Assin North case.
6. More importantly, the whole Assin North Election Petition borders on the interpretation and enforcement of Article 94(2)(a) of the 1992 Constitution which falls within the exclusive jurisdiction of the Supreme Court. That Article has never been interpreted by the Supreme Court before. As we speak, an action has been filed by a citizen of Assin North, Mark Nti to invoke the original jurisdiction of the Supreme Court for an interpretation of that same provision, Article 94(2)(a) of the 1992 Constitution. The judge should have therefore referred these constitutional questions that to the Supreme Court for determination as he is enjoined to do by law.
7. It is instructive to note, that when Hon Quayson filed his nominations in October 2020, some NPP people within the Assin North constituency petitioned the District Office of the Electoral Commission for him to be disqualified on grounds that he is a citizen of, and owes Allegiance to Canada. The District EC officer then referred the matter to the Headquarters of the EC for determination. The EC demanded that Hon. Quayson provides or adduces his certificate of renunciation of his Canadian Citizenship, which he did. It was on this basis that the petition was dismissed, and Hon. Quayson was cleared to contest.
8. Let me put on record that the NDC is not afraid of any by-election. We are confident of victory in any by-Election if we get to that stage. All we want is for justice to be done. And we will stop at nothing to ensure that justice is done.
9. Our lawyers will apply for a Stay of Execution of the orders of the trial judge and Appeal the flawed judgment ASAP. This travesty of justice will not be allowed to stand.
10. The NDC is also determined to formally petition the Judicial Service for disciplinary action to be taken against the Registrar and other Judicial Officers of the Cape Coast High Court who engaged in those shameful gymnastics earlier this morning. Such partisan and unscrupulous persons are not fit to serve in that respectable independent arm of government.
SAMMY GYAMFI Esq.