The National Democratic Congress (NDC) MPs on Parliament's Appointments Committee have officially endorsed Justice Gertrude Araba Esaaba Torkornoo as the nominee for Chief Justice, 12 days after her appearance before the committee for vetting.

During a press briefing on Tuesday, 6th June 2023, Mahama Ayariga, the Member of Parliament for Bawku Central, announced on behalf of the Minority NDC that they find Justice Torkornoo fully qualified to assume the position of Chief Justice, despite concerns raised regarding her involvement in the Supreme Court's ruling on James Gyakye Quayson's dual citizenship case.

"We, the members of the Appointments Committee representing the National Democratic Congress, unanimously approve the nomination of Justice Torkornoo as Chief Justice,” he affirmed.

"Her impressive CV showcases her extensive experience, having served as a judge from the High Court to the Court of Appeal and eventually at the Supreme Court. We believe that capable women should be given the opportunity to hold key national positions. While we may have differing views on certain aspects of her jurisprudence, we acknowledge her qualifications for the esteemed role of Chief Justice of the Republic of Ghana," added the MP.

Following her vetting on 26th May, the NDC initially announced that they would withhold their decision until the Supreme Court releases its full ruling on James Gyakye Quayson's dual citizenship case.

On Monday, June 5, the apex court provided the reasons behind its decision to uphold the Cape Coast High Court's verdict to annul the 2020 Parliamentary elections in Assin North, hence directing Parliament to expunge the name of James Gyakye Quayson from its records.

Reasons for SC's verdict

1. Upon a true and proper interpretation of Article 94(2))a) of the Constitution, 1992 of the Republic of Ghana the 1st Defendant was not qualified at the time of filing his nomination forms between 5th to 9 October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency as a Member of Parliament.

2. 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 had not shown evidence of the cancellation of his citizenship of Canada is an act that is inconsistent with and violates Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana.

3. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for Assin North Constituency was unconstitutional.

4. Upon a true and proper interpretation of Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana the swearing in of 1st defendant as Member of Parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.

NDC MPs displeased with court's verdict

According to Mr Ayariga, the Supreme Court failed to deal with the substantive matter - qualification to be a Member of Parliament and rather dealt with the eligibility or qualification of a person to contest as an MP.

"While the clear language of the constitution was dealing with qualification to be a Member of Parliament, the Supreme Court veered off and was dealing with eligibility or qualification of a person to contest as a Member of Parliament."

"I am quoting the Supreme Court directly in their reason. They said 'we are dealing with eligibility or qualification of a person to contest as a Member of Parliament'. When the Supreme Court talks about the qualification to be a Member of Parliament, it is after the contest that you get sworn-in to be a Member of Parliament," Mr Ayariga said.

He argued that Article 94 does not focus on eligibility to contest elections but on becoming a Member of Parliament.

"This only takes place at the point of swearing in," he added.

Article 94 - Qualifications And Eligibility

2) A person shall not be qualified to be a member of Parliament if he—

(a) owes allegiance to a country other than Ghana; or

(b) has been adjudged or otherwise declared

(i) bankrupt under any law in force in Ghana and has not been discharged; or

(ii) to be of unsound mind or is detained as a criminal lunatic under any law in force in Ghana; or

(c) has been convicted—

(i) for high crime under this Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or

(ii) for any other offence punishable by death or by a sentence of not less than ten years; or

(iii) for an offence relating to, or connected with election under a law in force in Ghana at any time; or

(d) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the State or misused or abused his office, or willfully acted in a manner prejudicial to the interest of the State, and the findings have not been set aside on appeal or judicial review; or

(e) is under sentence of death or other sentence of imprisonment imposed on him by any court., or

(f) is not qualified to be registered as a voter under any law relating to public elections; or

(g) is otherwise disqualified by a law in force at the time of the coming into force of this Constitution, not being inconsistent with a provision of this Constitution.

(3) A person shall not be eligible to be a member of Parliament if he—

(a) is prohibited from standing election by a law in force in Ghana by reason of his holding or acting in an office the functions of which involve a responsibility for or are connected with the conduct of, an election or responsibility for the compilation or revision of an electoral register, or

(b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the Immigration Service, or the Internal Revenue Service; or

(c) is a chief.

Assin North by-election

The Electoral Commission has announced June 27, 2023 for the Assin North by-election.

Nominations will be received at the Assin North District Office of the Commission from Monday the 12th of June 2023 to Wednesday, the 14th of June, 2023 between the hours of 9:00am to 2:00pm to 5:00pm on each day.

The filing fee for the election is GHS10,000.00.

Ahead of the by-election, Mr Gyakye Quayson has announced his decision to contest for the seat once again.

According to the National Democratic Congress’ Communications Officer, Sammy Gyamfi the people of Assin North will vote for James Gyakye Quayson to ensure justice is served.

Criminal charges against James Gyakye Quayson

Meanwhile, Mr Quayson could face a decade-long prison sentence if he is found guilty of perjury and other criminal charges brought against him by the Office of the Attorney General.

The charges include deceiving the Ministry of Foreign Affairs by falsely claiming he did not hold dual citizenship to obtain a Ghanaian passport.

Mr Quayson is facing five counts, including deceit of a public officer, forgery of a passport or travel certificate, making a false statutory statement, perjury, and false declaration of office.

Perjury, a second-degree felony, carries a maximum penalty of ten years imprisonment, and the prosecution is determined to prove his guilt.

Source: The Independent Ghana