High Court orders parties in Assin North MP's dual citizenship case to file written submissions

A High Court in Cape Coast has ordered parties in the Assin North MP’s dual citizenship case to file their written submissions and address the court based on the issues set down for trial.

The lawyers, at the last sitting, were asked by the presiding Judge to come to court with their proposed issues that would guide the trial of the case.

Presiding Judge Justice Kwasi Boakye advised the parties that in the interest of justice, they should make their proposals on the memorandum of issues after which a case management conference would follow.

On Monday, the lawyer for the Assin North MP, Abraham Amaliba, brought forth 11 issues, lawyer for the petitioner, Frank Davies had 5 issues while the EC lawyer had three issues.

 At the end of the proceedings, the parties agreed to set down three issues for trial.

Presiding Judge, Justice Kwasi Boakye, in adjourning the case to May 12, 2021, asked the lawyers to prepare to address him on the three issues set down for trial.

He indicated that after the addresses by the lawyers, he would announce the date for the delivery of judgment.

One of the issues that were set down for the trial was whether or not the MP was qualified at the time of filing his nomination to contest the 2020 Parliamentary elections.

The petitioner, Michael Ankomah Nimfah, is in court challenging the eligibility of the MP for Assin North, Joe Gyakye Quayson at the time of filing to contest the 2020 elections.

Background

In January this year, a petition was filed at the Cape Coast High Court seeking to annul the declaration of Mr James Gyakye Quayson as the Member of Parliament (MP) elect for the Assin North Constituency.

The petition filed by one Michael Ankomah -Nimfa of Assin Bereku, was served with the Electoral Commission (EC) as the second respondent.

Mr Quayson, the National Democratic Congress’ (NDC) MP-elect, polled 17,498 as against New Patriotic Party’s (NPP) Madam Abena Durowaa Mensah who had 14,793 in the December 7, 2020 election.

However, the petitioner has argued that Mr. Quayson owes allegiance to Canada.

He is alleging that the MP holds dual citizenship contrary to the expressed provision of Article 94 (2) (a) of the 1992 constitution of Ghana, which states, “A person shall not be qualified to be a member of Parliament if he – (a) owes allegiance to a country other than Ghana.”