Bagbin Seeks Clarity From Supreme Court Over Gyakye Quayson’s Ruling2 min read

The Speaker of Parliament, Alban Bagbin, has asked the Supreme Court to provide clarity on its directive to Parliament to expunge the name of the then Member of Parliament for Assin North, James Gyakye Quayson, from its records.

“What has just happened is strong evidence that there is a need for clarification. Don’t forget that the order is predicated on a number of declaratory rulings by the court, it was not given in isolation. There were four earlier declaratory judgements before the order came as the fifth. The other declaratory judgements said the election of the member was unconstitutional. As a result of that, it was null and void and of no effect.

“The order did not say the Speaker should expunge [his name]. It did not say any Member of Parliament or Clerk should expunge [the name], it says the institution called Parliament. So that institution must carry out the order. The only way the institution can carry out the order is for the institution to reason together. And that is only done in a sitting where the opportunity is given to members to think through it.

“I don’t want to assume powers that are not clearly spelt out in any law. So I did indicate and mentioned to some members of the Supreme Court that there is a need for clarification,” he added.

Background

The Supreme Court in May 2023 ordered Parliament to remove James Gyakye Quayson’s name from its records as the Member of Parliament for Assin North.

Parliament then declared the seat vacant which paves the way for a by-election on June 27.

The Supreme Court ruled that Mr. Quayson was not qualified to contest the 2020 parliamentary elections in the Assin North Constituency at the time he filed his nomination forms on October 9, 2020.

The Court found that Mr. Quayson had not shown evidence of renouncing his Canadian citizenship, and that the Electoral Commission had granted him permission to contest the election without this evidence.

The Court further ruled that Mr. Quayson’s election as Member of Parliament for Assin North Constituency was unconstitutional.

The 7-member Court in a unanimous ruling stated that “the qualification of holding only Ghanaian citizenship must be present at the time of nomination, and not any date thereafter.”