Abraham Amaliba, the Director of Legal Affairs of the National Democratic Congress (NDC), has accused the Electoral Commission (EC) of misleading former Member of Parliament for Assin North, James Gyakye Quayson, regarding his eligibility to contest the 2020 parliamentary elections.
Amaliba argued that if Gyakye Quayson did not meet the constitutional requirements to run, the EC should have disqualified him instead of allowing him to participate.
He raised concerns about the lack of punishment for the EC, stating, “Now in this judgement of the Supreme Court, what punishment have they given to the EC? How can you visit the sins of the EC on the Member of Parliament who openly gave out his documents for scrutiny.”
Amaliba suggested that the EC misled Gyakye Quayson, using the example of a passport, where one would not be allowed to board a plane without proper documentation.
The Supreme Court ruled that Gyakye Quayson's name should be removed from Parliament's records, as the EC acted unconstitutionally by allowing him to contest the 2020 elections without proof of renouncing his Canadian citizenship.
The court unanimously determined that Gyakye Quayson was not qualified at the time of filing his nomination forms and that the EC's decision to allow him to run without evidence of renunciation was unconstitutional.
Consequently, the court declared Gyakye Quayson's election unconstitutional, null, and void, ordering his name to be expunged from Parliament's records and deeming his swearing-in as unconstitutional.
In a statement reacting to the ruling, the Minority, represented by Minority Leader Dr Cassiel Ato Forson, stated that Ghanaian laws only prohibit individuals from performing parliamentary duties if they hold dual citizenship.
They emphasized that at the time of his election and his swearing-in, Gyakye Quayson was not a dual citizen, questioning the Supreme Court's decision to remove him from Parliament.
The NDC's statement stressed that Gyakye Quayson was duly elected and called for clarity on the reasoning behind his expulsion from Parliament.