A Cape Coast High Court has granted an injunction restraining the Member of Parliament-elect for Assin North, James Gyakye Quayson, from being sworn in into the 8th Parliament tomorrow, Thursday, January 7, 2021.
The injunction was granted in a case filed by one Michael Ankomah-Nimfa of Assin Bereku who claims Mr. Quayson holds dual citizenship of Ghana and Canada.
In the substantive case, Mr. Ankomah-Nimfa is seeking to annul the declaration of Mr. Quayson as the winner of the December 7 polls because of the dual citizenship claims.
He based his case on Article 94 (2) (a) of the 1992 constitution of Ghana, which says “a person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”
The presiding judge, Justice Kwasi Boakye ruled that Mr. Quayson was “restrained from holding himself out as Member of Parliament-elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-elect as such until the final determination of the petition.”
The court’s directive implies that the National Democratic Congress will present 136 MPs for the swearing-in ceremony for members of the 8th Parliament on January 7.
In November 2020, a group calling itself “Concerned Citizens of Assin North” petitioned the EC in the Central Region to withdraw the candidature of Mr. Quayson because of the same dual citizenship claims.
This was one of four attempted injunctions following the 2020 election after the Hohoe MP-elect, Peter Amewu; the Techiman South MP-elect, Martin Adjei-Mensah Korsah and the Buem MP-elect, Kofi Adams had their election victories challenged.
In Mr. Amewu’s case, the petitioners were initially successful at the Ho High Court but the state challenged the case at the Supreme Court.
The Supreme Court subsequently declared the Ho High Court’s interim orders of injunction as null and void.
The New Patriotic Party (NPP) is being the injunction against Kofi Adams and says it seeking to serve him the writ following the injunction suit.
The Wenchi High Court dismissed the restraining order filed by the NDC Mr. Adjei-Mensah Korsah after it challenged the validity and outcome of the parliamentary election results in the constituency.