General Politics

Assin North Judgment: Judge misinterpreted the law – Kwaku Azar

A US-based Ghanaian Lawyer, Prof. Stephen Kwaku Asare wants the ruling on the Assin North MP dual citizenship case stayed while the matter is referred to the Supreme Court for interpretation.

For him, there is a fundamental misinterpretation on steroids to hold that Article 94(2)(a) was meant to disqualify dual citizens from holding public office when that same Constitution outlaws dual citizenship.

“It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a),” he said in a commentary on Facebook a while ago after the ruling.

The Cape Coast High Court has canceled the 2020 Parliamentary election held in the Assin North constituency which saw the opposition National Democratic Congress(NDC) candidate Joe Gyakye Quayson being elected as Member of Parliament.

The Court presided over by Justice Kwasi Boakye on Wednesday, July 28, 2021 ordered for a fresh election to be conducted in the constituency.

The court has also restrained James Gyakye Quayson from holding himself as the MP for Assin North constituency.

The petitioner, Michael Ankomah Nimfah, went to court claiming 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 is the full Statement

The Quayson court, as in the Sakande court, erred in interpreting Article 94(2)(a) and compounded the error by equating allegiance to citizenship.

Natural born Ghanafuo owe an indivisible, indelible and permanent allegiance to Ghana and Ghana only.

Article 94(2)(a) preceded Article 8(2), which allowed dual citizenship.

It is misinterpretation on steroids to hold that Article 94(2)(a) was meant to disqualify dual citizens from holding public office when that same Constitution outlaws dual citizenship.
The Judge must stay his ruling and refer the matter to the Supreme Court for interpretation.

It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a).
GOGO will welcome all Ghanafuo to the public square. We need all hands on deck!

SALL is the cardinal sin of the 8th Parliament.

Source: Kasapafmonline.com

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