US-based Ghanaian lawyer, Prof. Stephen Kwaku Asare says the Cape Coast High Court judgment nullifying the election of the Assin North parliamentary election is pregnant with errors.
“This judgment will not stand scrutiny. It is pregnant with errors and too reliant on Wikipedia. The theory that allegiance remains intact until the application for renunciation of citizenship is approved continues the confusion between a status (citizenship) and a state of mind (allegiance). It is analogous to saying affection remains intact until a divorce decree is issued by a Court,” he wrote on Facebook.
The court on Wednesday ruled that NDC MP for Assin North John Gyaki Quayson failed to renounce his Canadian citizenship before the elections as required by law.
Addressing the media in parliament, Minority Leader Haruna Iddrisu argued that though the governing NPP may be attempting to capture the courts, the NDC will use the same legal process to ensure the seat remains with the party.
The Tamale South MP hinted his side will no longer cooperate with the Majority over what he terms as manipulation of the courts to shore up NPP numbers in Parliament.
He said “he won outright as a citizen, born and bred in that community but for some time had to settle in Canada. He subsequently, as I understand, renounced his citizenship, express so far back in 2019, got his certificate at least before the elections.”
“We in the minority remain unshaken, we are confident that it is our seat, it’ll remain our seat. Our first option is to use the same legal processes and legal forum and opportunities available within the constitution.”
Mr Iddrisu also indicated that “we will contest the ruling, the judge erred both in law and in facts. It’s a travesty of justice. What is worrying, we don’t want to believe that the courts of Ghana have been captured and the courts of Ghana have become forums being used surreptitiously to tilt the balance of power.”
“We are equal, 137-137. What is happening is the courts are now being used to tilt the balance of power and to weaken the time-tested historical notion of checks and balances.”
He insisted that “justice must not only be done but must manifestly and undoubtedly be seen to be done. What happened this morning in Cape Coast, we are told that even when the Supreme Court of Ghana directed Hon Quayson and his legal team to go and file appropriate legal motions for the matter to be referred to the Supreme Court, he was denied that. That is repugnant and upfront to his right to a fair trial guaranteed under Article 19 of the 1992 construction.”
“Danger begets our democracy with the developments happening.”
But in a sharp rebuttal, Majority Whip Frank Annor-Dompreh refuted the claims.
According to him, the Nana Addo administration has nothing to do with the decision handed down by the Cape Coast high court.
The Nsawam Adoagyiri MP argued the majority has been vindicated given their caution to the MP before the swearing-in