Director of Legal Affairs of NDC, Abraham Amaliba, has accused the Electoral Commission of misleading former Member of Parliament for Assin North, James Gyakye Quayson, about his eligibility to contest the 2020 parliamentary elections.
According to him, it was incumbent on the EC to have disqualified him if he did not meet the constitutional requirement to run in the elections.
He said the failure of the EC to disqualify him gave Gyakye Quayson the impression that all was fine leading to his election and swearing-in as Member of Parliament.
Speaking on JoyNews’ PM Express, Mr. Amaliba questioned the Supreme Court’s decision not to punish the EC for their ‘complicity’.
“Now in this judgement of the Supreme Court what punishment have they given top the EC? How can you visit the sins of the EC on the Member of Parliament who openly gave out his documents for scrutiny. And I think your question is predicated on that, what does the Supreme Court say about the EC? And I think that is where the discussions are.
“And I think that clearly the EC would have misled him to do what he did. In the example he gave about the passport, when you get to the Kotoka international airport, no plane will pick you. The plane will not allow you to go and sit in the plane and travel, so why did the EC allow him? That’s the question you’re asking. And I think that that is where the miscarriage of justice comes in,” he said.
His comment comes on the back of the Supreme Court ordering Parliament to expunge James Gyakye Quayson’s name from its records as a Member of Parliament.
Presiding Judge Justice Jones Dotse on Wednesday, May 17, ruled that the Electoral Commission (EC) acted unconstitutionally in allowing him to contest the 2020 parliamentary elections without proof of him renouncing his Canadian Citizenship.
The court in a unanimous decision ruled that Mr. Quayson was not qualified at the time of filing his nomination forms.
It further held that the EC allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.
It further declared that his election was unconstitutional, null and void and of no effect.
His swearing-in was equally declared to be unconstitutional with Parliament ordered to expunge his name from its records.
While the NPP have welcomed the ruling, the NDC say they are baffled by it.
In a statement reacting to the ruling, the Minority stated that the laws of Ghana only prohibit people from performing their functions as members of parliament if they still have dual citizenship.
However, “It is important to place on record that as at the time of his election, Hon. James Gyakye Quayson was not a dual citizen, neither was he a dual citizen as at the time he took the oath of office as a Member of Parliament,” parts of the statement released on Wednesday, read.
The statement signed by Minority Leader Dr Cassiel Ato Forson added that as a result, they find it baffling that the Supreme Court would order the removal from parliament of Mr Quayson who they say was duly elected as MP.
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