Professor Stephen Kwaku Asare, a.k.a. Kwaku Azar, has stated that the case against Assin North Member of Parliament, James Gyakye Quayson, is not that he holds dual nationality.
According to him, it is undisputed fact that the embattled MP in filing his forms to contest in the elections had already renunciated his Canadian citizenship in December 2019, a full year ahead of the 2020 general elections.
The US-based Ghanaian Professor said, rather the processing of Quayson’s application was delayed by the pandemic and was granted in November 2020.
The process, Kwaku Azar noted, normally takes 3 months.
In a Facebook post, Prof Asare wrote, â€œthe case against the Assin North MP is not that he is a dual citizen. The undisputed facts are that he filed for the renunciation of his Canadian citizenship in December 2019, a full year ahead of the 2020 general elections. The processing of the application was delayed by the pandemic but was granted in November 2020. It normally takes 3 months.
â€œThe EC inspected his certificate of renunciation pursuant to a letter of 24 November 2020 and cleared him to run for his seat on December 7, 2020. He was elected on December 7, 2020, and duly sworn in as an MP on January 7, 2020. So the case against him is that he did not compel the Canadian officials to process his renunciation application quickly enough such that even if the renunciation became effective before the elections and was accepted by the EC, he must be forced to vacate his post for a bye-election that he is fully eligible to compete in.
â€œI cannot support this line of reasoning and I reject it. What is the law that is being used to take his seat from him? It is Article 94(2)(a). That law says that â€œa person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.â€Notice that this law does not talk about dual citizenship. However, that is a complex issue, for the current purpose, so let us assume it does. The law does not say anything about when this disqualification applies.”
He continued: â€œIs it at the time of filing for the party primary, national election, voting day, or on the first day of Parliament? A high court judge cannot rely on Wikipedia to insert a date into Article 94(2)(a). But even it wants to do so in a petition that calls for setting aside election results, he should be guided by PNDCL 284(20)(d), which reminds us that votersâ€™ wishes must be respected and the ground for cancelling an election result is ‘that the candidate was at the time of his election a person not qualified or a person disqualified for election.’
“So the only question the high court judge should ask is that on December 7, 2020, at the time of his election, had he applied to renounce (the subjective test) or if you want to use an objective test had his renunciation become effective?
â€œHow difficult is this to figure out? Did this same court system not answer an analogous question in the Dr. Zanetor case not too long ago? How does this clear error become invisible to the appellate courts? How does the appellate system not see that a high court judge has interpreted ‘allegiance’ and inserted its own dates in article 94(2)(a), disregarded PNDCL 284 20(d), and has applied an objective standard to allegiance, which is a subjective concept?”
Kwaku Azar observed, â€œthe EC reviewed the Assin North MPs papers, including his renunciation certificate, and applied the law to say he is qualified. Why is this call by the EC not subject to the usual deference that the Courts give to the EC in these matters? Those who want to disqualify him and apparently the courts have set aside section 20(d) of PNDCL 284 and inserted their own deadline in article 94(2)(a).”
“We must do better as a nation! There is just too much political savagery. And the courts must do much much much better!! Is it now the law that the time that Canada (other countries) acts on renunciation applications decides who qualifies to be a Ghanafuo MP?” he quizzed.
â€œWill Ghanaians be permanently barred from running as MP if Canada passes a law that it no longer allows renunciation of Canadian citizenship?â€
Michael Ankomah Nimfah on January 27, filed an interlocutory injunction against James Gyake Quayson for performing his parliamentary duties after a High Court Judgment.
James Gyakye Quayson had his seat declared vacant by Cape Coast High Court following the issue of dual citizenship on July 28, 2021.
The Supreme Court panel of seven presided over by Justice Jones Victor Dotse with Justice Agnes Dordzie, Justice Nene Amegatcher, Justice Mariama Owusu, Justice Gertrude Torkornoo, Justice Henrietta Mensah Bonsu and Justice Yonni Kulendi fixed the date after hearing the parties.
Supreme Court set April 13 to rule on injunction application against James Gyakye Quayson
The Supreme Court will next Wednesday, April 13, 2022, rule on the motion seeking to stop James Gyakye Quayson from holding himself out as the Member of Parliament for Assin North.
Arguing the motion before the 7-member Supreme Court panel on Tuesday, the lawyer for Michael Ankomah-Nimfah, Frank Davis, said his client has established grievous breaches of the 1992 Constitution, and the other electoral laws against the disputed MP.