MICHAEL ANKOMAH-NIMFAH vs. JAMES QUAYSON a.k.a. JAMES GYAKYE QUAYSON AND THE ELECTORAL COMMISSION OF GHANA

The petitioner, Michael Ankomah-Nimfah, a registered voter and resident of Assin Bereku, challenged the election of James Quayson (1st Respondent) as Member of Parliament for Assin North Constituency. The petitioner alleged that the 1st Respondent held dual citizenship (Canadian and Ghanaian) at the time of filing his nomination forms between 5th and 9th October 2020, which disqualified him under Article 94(2)(a) of the 1992 Constitution and relevant electoral laws. The 2nd Respondent, the Electoral Commission, cleared the 1st Respondent to contest and declared him elected. The petitioner sought declarations that the nomination and election were illegal and void, cancellation of the election, and an injunction restraining the 1st Respondent from acting as MP.

I begin this judgment with a quotation from Nelson Mandela, Ex South African President at the inauguration of the Constitutional Court on 14th February 1995 as follows: "We expect you to stand on guard not only against direct assault on the principles of the Constitution, but against insidious corrosion". Again, let me refer to the relevant portion of the introduction to the judgment of the South African Constitutional Court dated 29th June 2021 wherein the Constitutional Court convicted and sentenced Jacob Zuma, a former President of that country for contempt of Court as follows: "It is indeed the lofty and lonely work of the Judiciary, impervious to public commentary and political rhetoric, to uphold, protect and apply the Constitution and the law at any and all costs. The corollary duty borne by all members of South African society-lawyers, lay-people and politicians alike is to respect and abide by the law, and court orders issued in terms of it, because unlike other arms of ...