By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    Tamale: Five arrested as police recover pistols, narcotics and GH¢20,705 in drug operation
    September 23, 2026
    Drug bust: ‘Useless call’ – Mustapha Gbande dismisses NPP’s bipartisan probe demand
    September 22, 2026
    Journalists must not be silenced by fear of lawsuits – Samson Lardy Anyenini
    September 22, 2026
    Ghana-linked drug seizures exceed US$1bn since 2025 – NPP
    September 22, 2026
    Arrests, prosecutions, asset seizures key to fighting crime – Richard Kumadoe
    September 22, 2026
  • Business
    BusinessShow More
    MIHAS 2026: World’s biggest Halal Trade Show opens in Kuala Lumpur, targets GH₵14bn in sales
    September 22, 2026
    Hollard Ghana announces passing of Group CEO Patience Akyianu, celebrates her legacy
    September 22, 2026
    Nkrumah’s economic independence vision must move from extraction to ownership – Heath GoldFields MD
    September 20, 2026
    Stronger banking, digital and market ecosystems key to export-led growth – UBA Ghana MD
    September 18, 2026
    Dr Likee becomes new Brand Ambassador for KIVO
    September 18, 2026
  • Politics
    PoliticsShow More
    Drug bust: ‘Useless call’ – Mustapha Gbande dismisses NPP’s bipartisan probe demand
    September 22, 2026
    Ghana-linked drug seizures exceed US$1bn since 2025 – NPP
    September 22, 2026
    NPP calls for urgent Parliament recall over recent Ghana-linked drug seizures
    September 22, 2026
    Jasikan MCE, Buem MP support PWDs, first-year SHS students
    September 22, 2026
    Ghana has become ‘Cocaine Coast’ under Mahama – Nana B
    September 22, 2026
  • Entertainment
    EntertainmentShow More
    Musicians must take responsibility for Hiplife’s decline – Okyeame Kwame
    September 20, 2026
    Dr Likee becomes new Brand Ambassador for KIVO
    September 18, 2026
    Lali X Lola named 2026 Forty Under 40 Ghana honourees for Social Media Impact
    September 16, 2026
    The Darkest Chapter: Latif Abubakar’s 21st Production brings President Mahama’s UN reckoning to the National Theatre stage
    September 14, 2026
    Ghanaian Gospel Music legend, Bernice Offei dies
    September 12, 2026
  • Sports
    SportsShow More
    Minority: Sports Minister’s driver, Chief Director’s secretary not back after World Cup
    September 18, 2026
    GFA launches 2026/27 Colts Football Season, targets stronger grassroots development
    September 16, 2026
    Zverev, Rybakina crowned US Open champions
    September 14, 2026
    Hearts and Samartex maintain 100% record in GPL as Kotoko beat Lions
    September 14, 2026
    Ghana unveils female mini football national team, targets rise to Africa’s summit
    September 3, 2026
  • Technology
    TechnologyShow More
    Create Ghana-specific TikTok guidelines to curb harmful content – Michael Donyina Mensah
    September 18, 2026
    Govt should prevent harmful content from going viral rather than rely on arrests – CenPOA Director
    September 18, 2026
    Samsung Galaxy S26 FE Delivering Latest Flagship AI, Camera Experiences
    August 27, 2026
    YEA CEO urges youth to avoid recording private sexual activities amid rise in leaked videos
    August 20, 2026
    Here’s Why Samsung Galaxy Z Fold8 Is Perfect Device for Your Favourite Content – Pre-Order Today!
    August 18, 2026
  • International
    InternationalShow More
    MIHAS 2026: World’s biggest Halal Trade Show opens in Kuala Lumpur, targets GH₵14bn in sales
    September 22, 2026
    UNGA81: Africa must strengthen capacity to create opportunities for its youth – Mahama
    September 21, 2026
    UNGA81: Mahama engages OSF founder Alex Soros, discusses support for ECOWAS integration
    September 21, 2026
    Foreign Minister Ablakwa takes Ghana’s diplomatic agenda to UNGA 81
    September 19, 2026
    €225m Cocaine case: Four detained for two weeks after pleading not guilty to Narcotic drugs exportation
    September 16, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Assin North judgment: NDC to seek Stay of Execution
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
HeadlinesPolitics

Assin North judgment: NDC to seek Stay of Execution

Starrfm.com.gh By Starrfm.com.gh Published July 28, 2021
Share
Sammy Gyamfi is NDC's National Communications Director
Sammy Gyamfi is NDC's National Communications Director
SHARE

The opposition National Democratic Congress (NDC) says it will apply for Stay of Execution in the Cape Coast High Court judgment that nullifies the election of the Assin North MP James Gyakye Quayson.

According to the National Communications Officer of the party Sammy Gyamfi, although the party is ready for a by-election, they will insist on justice to be served in the matter.

“Let me put on record that the NDC is not afraid of any by-election. We are confident of victory in any by-Election if we get to that stage. All we want is for justice to be done. And we will stop at nothing to ensure that justice is done.

“Our lawyers will apply for a Stay of Execution of the orders of the trial judge and Appeal the flawed judgment ASAP. This travesty of justice will not be allowed to stand.

“The NDC is also determined to formally petition the Judicial Service for disciplinary action to be taken against the Registrar and other Judicial Officers of the Cape Coast High Court who engaged in those shameful gymnastics earlier this morning. Such partisan and unscrupulous persons are not fit to serve in that respectable independent arm of government,” Mr Gyamfi wrote in a statement after the judgment.

The Cape Coast High Court today ruled that the lawmaker was not eligible to contest the seat.

Petitioner, Michael Ankomah Nimfah, contended that Quayson held dual citizenship as a Ghanaian and a Canadian at the time of his election, and therefore must be restrained from performing the duties of a Member of Parliament.

Below are details of a statement by Sammy Gyamfi

I have taken notice of a decision by the Cape Coast High Court that has annulled the Assin North Parliamentary Election, held on December 7, 2020.

1. First and foremost, let me condemn in no uncertain terms, the shameful manipulation of court processes by the Registrar, Ustaz Hamza of the Cape Coast High Court and other judicial officers of the Court that frustrated and prevented the filing of a formal application by lawyers of the Assin North MP this morning, for the trial Court to refer the Consitutional questions that have arisen in the conduct of the case to the Supreme Court for determination before proceeding to give judgement.

It is reprehensible and appalling to say the least, that Judicial officers who are paid by the State and are supposed to exhibit independence, impartiality and professionalism in their work have compromised their integrity and lent themselves as pliant tools for the manipulation of judicial processes in favor of the ruling New Patriotic Party. The day of reckoning and accountability for those unprofessional and partisan judicial officers will surely come.

2. Let me make the point that the judgment of the trial Court is fraught with many errors of law which have ccasioned a gross miscarriage of justice to the people of Assin North. The decision by the trial judge that Hon. Quayson was not qualified to contest as MP in the December 2020 elections is contrary to section 20(1)(d) of the Representation of People’s Law, PNDC Law 284 and a true a proper interpretation of Article 94(2)(a) of the 1992 Constitution, both of which provides in effect that, a person must be qualified to contest as MP at THE TIME OF HIS ELECTION and at the time of him becoming an MP (that’s at the time of swearing in) respectively.

3. It is the considered view of the NDC, that Hon. James Quayson was qualified to contest as MP in the December 2020 elections by virtue of the fact that he applied to renounce his Canadian citizenship before he filed his nominations to contest as MP in October 2020. He was actually issued a certificate of renunciation in November 2020 before the Parliamentary Election on December 7, 2020. He was therefore qualified to be MP at the time of his election as required by section 20(1)(d) of PNDC law 284 and at the time of his swearing-in, as prescribed under Arricle 94(2)(a) of the Constitution. The December 2020 Assin North Parliamentary election in question was therefore lawful and valid in our view and we think the trial judge has erred in annulling same.

4. The claim by the trial judge that the Supreme Court has determined in the “Zanetor case” that a person must be qualified to be an MP at the time of the issuance of the Notice of Poll/opening of nominations by the Electoral Commission and that Hon. Quayson was not qualified to contest as MP because even though he had applied to renounce his Canadian citizenship, he had not been issued with a renunciation certificate as at the time of Nominations in October 2020, is palpably misconceived.

This is because the Zanetor case bordered Article 94(1) of the 1992 Constitution relative to the requirement for a person to be a Registered Voter before he can become an MP. The Assin North case on the other hand borders on Article 94(2)(a) of the Constitution which provides that a person shall not be qualified to be a Member of Parliament, “if he owes Allegiance to any country other than Ghana”. We therefore hold the view, that the two cases are materially distinguishable.

5. Note that Section 20(1)(d) PNDC law 284, provides clearly that a person must be qualified to contest as MP at the time of the election relative to the issue of allegiance to a country other than Ghana. Also, note that Article 94(2)(a) was not interpreted by the Supreme Court in the Zanetor case which is the ratio the trial Judge appears to have applied in the Assin North case.

6. More importantly, the whole Assin North Election Petition borders on the interpretation and enforcement of Article 94(2)(a) of the 1992 Constitution which falls within the exclusive jurisdiction of the Supreme Court. That Article has never been interpreted by the Supreme Court before. As we speak, an action has been filed by a citizen of Assin North, Mark Nti to invoke the original jurisdiction of the Supreme Court for an interpretation of that same provision, Article 94(2)(a) of the 1992 Constitution. The judge should have therefore referred these constitutional questions that to the Supreme Court for determination as he is enjoined to do by law.

7. It is instructive to note, that when Hon Quayson filed his nominations in October 2020, some NPP people within the Assin North constituency petitioned the District Office of the Electoral Commission for him to be disqualified on grounds that he is a citizen of, and owes Allegiance to Canada. The District EC officer then referred the matter to the Headquarters of the EC for determination. The EC demanded that Hon. Quayson provides or adduces his certificate of renunciation of his Canadian Citizenship which he did. It was on this basis that the petition was dismissed and Hon. Quayson cleared to contest.

8. Let me put on record that the NDC is not afraid of any by-election. We are confident of victory in any by-Election if we get to that stage. All we want is for justice to be done. And we will stop at nothing to ensure that justice is done.

9. Our lawyers will apply for a Stay of Execution of the orders of the trial judge and Appeal the flawed judgment ASAP. This travesty of justice will not be allowed to stand.

10. The NDC is also determined to formally petition the Judicial Service for disciplinary action to be taken against the Registrar and other Judicial Officers of the Cape Coast High Court who engaged in those shameful gymnastics earlier this morning. Such partisan and unscrupulous persons are not fit to serve in that respectable independent arm of government.

SAMMY GYAMFI Esq.

Ghana/Starrfm.com.gh/103.5FM

You Might Also Like

Tamale: Five arrested as police recover pistols, narcotics and GH¢20,705 in drug operation

Drug bust: ‘Useless call’ – Mustapha Gbande dismisses NPP’s bipartisan probe demand

Journalists must not be silenced by fear of lawsuits – Samson Lardy Anyenini

Ghana-linked drug seizures exceed US$1bn since 2025 – NPP

Arrests, prosecutions, asset seizures key to fighting crime – Richard Kumadoe

TAGGED:assincourtNDCNORTH
Share This Article
Facebook Twitter Email Print
Share
Previous Article I won’t hesitate to withdraw your licenses – Mustapha Hamid warns OMCs
Next Article Assin North will remain NDC’s seat – Haruna Iddrisu

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?