Sammy Gyamfi, National Communication Officer, NDC
The National Democratic Congress (NDC) Member of Parliament, James Gyekye Quayson, whose election was challenged and quashed on the grounds that he was holding dual citizenship has been revealed to have delayed in obtaining his renunciation certificate because of the coronavirus pandemic.
This latest information comes after he was ordered by a Cape Coast High Court to vacate Parliament with immediate effect and the cancellation of the results of parliamentary elections in the Assin North Constituency in the Central Region, which Mr. Quayson won on December 7, 2020. He is appealing the decision.
Speaking in an interview monitored by MyNewsGh.com, Sammy Gyamfi, National Communication Officer of the NDC said Mr. Quayson denounced his Canadian allegiance as far back as December 2019.
According to the young NDC lawyer and spokesman speaking to Tikese of Okay FM, under Canadian law, it took “normal” 6 months to be given a renunciation certificate when one denounces allegiance, hence Mr. Quayson should have ideally received his certificate by June 2020. However, it instead, “took 11 months… and we all know the pandemic that came to disrupt our lives”.
Sammy Gyamfi said but for the Coronavirus pandemic, it was a forgone fact that Mr. Quayson would have had no delays.
Even with the 11 months delay, Lawyer Sammy Gyamfi argued that the NDC MP still did not fall foul of the law, as an existing Supreme Court decided case, Paa Kwasi Nduom Vs the Electoral Commission shows EC nomination is not limited to filing and submitting papers.
Sammy Gyamfi expressed strong confidence in the appeal the party has filed to challenge the judgement given by the Cape Coast High court presided over by Justice Kwasi Boakye who ordered for fresh elections to be conducted in the constituency.
The court held that filing of parliamentary nomination forms by Mr. Quayson when he held a Canadian Citizenship at the time of filing the said nomination forms between October 5-9, 2020 with the Electoral Commission (EC) violates Article 94 [2] [a] of the 1992 Constitution, Section 9 [2] [a] of PNDCL 284 and C.I. 127.
The court condemned the EC’s decision to clear Mr. Quayson to contest the 2020 parliamentary elections in the Assin North Constituency when the latter was not qualified as a candidate on account of his holding allegiance to Canada other than Ghana, which violates Article 92 [2] [a] of the 1992 Constitution, Section 9 [2] [a] of PNDCL 284, as amended and C.I. 127.
The court said Mr. Quayson’s election “is null and void and of no legal effect whatsoever as same violates the electoral laws of Ghana,” because at the time of the election the respondent was not qualified to contest as a candidate in accordance with the electoral laws of Ghana.