[2023]DLSC15122 • May 17, 2023 • Supreme Court •
MICHAEL ANKOMAH NIMFAH vs. JAMES GYAKYE QUAYSON, THE ELECTORAL COMMISSION, ATTORNEY GENERAL
The plaintiff challenged the eligibility of the 1st defendant, James Gyakye Quayson, to contest and hold the parliamentary seat for Assin North Constituency on the basis that he owed allegiance to another country (Canada) at the time of nomination, as he had not yet received his certificate of renunciation of Canadian citizenship. The defendant had filed nomination papers between 2nd and 5th October 2020 but only received the certificate of renunciation in November 2020, after the nomination and election dates.
read moreAMEGATCHER JSC:- The controversy in this suit centers on the interpretation and enforcement of article 94 (2) (a). The plaintiff invoked the original jurisdiction of the Supreme Court under Article 2 (1) (b) of the Constitution, 1992 to seek the following declaratory reliefs: 1. A declaration that upon a true and proper interpretation of Article 94 (2) (a) of the Constitution, 1992 of the Republic of Ghana, at the time of filing his nomination forms between 5th- 9th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency, the 1st Defendant was not qualified as a Member of Parliament. 2. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 the decision of the 2nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1st Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2)(a) of the C...