Quayson’s continuous stay in Parliament poses greater hardship – Supreme Court

In a 5-2 majority decision, the Supreme Court has maintained that preventing James Gyakye Quayson from holding himself as Assin North MP is in Ghana’s interest.

In a 40-page judgement, the apex court said that “greater hardship, irreparable damage and inconvenience will be occasioned the constitution” should the embattled MP continue to perform parliamentary duties.

Aside from the 1992 constitution, the rule of law, the tenets of democracy, Assin North constituents, and Ghana will also be affected should the embattled MP continue to represent the constituents.

The judges noted that in the eyes of the law, the election of the first respondent (James Quayson) had been adjudged null, void and of no legal effect by the Cape Coast High Court.

According to the apex court, until the said judgment by the High Court is vacated, overturned or set aside, Mr Quayson cannot be said to be lawfully performing the duties of an Honourable Member of Parliament.

“The auspicious office of a Member of Parliament is one which is created by law, and therefore no person can occupy it in disregard of the law.

“It is our further considered view that this court will be failing in its exclusive mandate and duty to the Ghanaian people to uphold and protect the constitution if it does not suspend, mitigate or abate an alleged constitutional illegality,” the judgement stated.

Failing or neglecting to apply the law, according to the judges, will endanger the sanctity of the constitution, democracy and the safety of the Republic.

“As the highest Court of the land, it will be an indictment of the administration of justice if this Court did not uphold the subsisting judgment pending a final decision on the constitutionality question raised before us.

“Though we are not exercising an appellate, supervisory or some other jurisdiction in respect of the judgment of the High Court, we must note that 1st Respondent has been perpetually restrained from holding himself out as Member of Parliament for the Assin North Constituency,” the ruling noted.

The court reiterated that there could be no justification for ignoring the submissions on the continuing disregard of the orders of the High Court, which have not been suspended or overturned.

For these reasons, the majority panel said they have no hesitation in concluding that an order of interlocutory injunction restraining Mr Quayson from holding himself as MP was necessary.

However, in order to ensure that the case is expedited, the apex court directed that the parties cooperate with the processes to bring finality to the matter.

“In this respect, the parties are to file their joint memorandum of issues failing which they can file their separate memorandum of issues on or by 25th of April 2022,” the court directed.

The five who ruled that Mr Quayson should be restrained are Justices Jones Dotse, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah-Bonsu and Emmanuel Yonny Kulendi.

Dissenting opinions 

Justice Agnes Dordzie and Nene Amegatcher were of the view that the Supreme Court was not the right forum to decide on the interlocutory injunction against the legislator.

The judges said all the applicant, Michael Ankomah Nimfah needed to do was to enforce the judgment of the Cape Coast High Court, which was delivered several months ago.

According to the judges, the applicant has also failed to make a case for the grant of an interlocutory injunction and thus the dismissal.

They then laid out the requirements for granting an interlocutory injunction, which was established in an earlier case.

First, the applicant must establish that there is a serious question to be tried; secondly, that he or she would suffer irreparable damage which cannot be remedied by the award of damages unless the interlocutory injunction is granted; and finally that the balance of convenience is in favour of granting him or her the interlocutory injunction.

How it all started

A private citizen and a resident of Assin Berekum, Micheal Ankomah Nimfah, filed a suit at the Cape Coast High Court challenging the qualification of Mr Quayson as the MP for the area.

The plaintiff, a mason, averred that when Mr Quayson filed his nomination, he was still holding onto his Canadian citizenship and failed to denounce his citizenship as required by law.

Ghana’s laws bar dual citizens from holding public offices in Ghana.

In freezing the MP’s right to be in Parliament, the judge said: “the allegation contained is of grave nature, and he could not hold himself as MP.”

Also, the NDC MP-elect did not have the renunciation certificate to present before the court to confirm that he had indeed renounced his Canadian citizenship.

Although court documents showed the MP received his certificate on November 26, at the time he filed his nomination, he did not have the requisite qualification.

NPP strategy 

On December 23, 2020, the governing New Patriotic Party sought to trigger a by-election by challenging the eligibility of James Quayson to contest in the Assin North parliamentary elections, but he won.

Legal practitioner, Gary Nimako, asked the Ghana Immigration Service to confirm if the NDC MP-elect had renounced his Canadian citizenship before the December 7 parliamentary elections.