March 9, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
James Gyakye Quayson, elected Member of Parliament for Assin North, moved the Supreme Court of Ghana for certiorari to quash the Court of Appeal, Cape Coast’s 13 December 2021 ruling refusing to stay proceedings and refer Article 94(2)(a) of the 1992 Constitution for interpretation. The dispute stems from a High Court, Cape Coast election petition that nullified Quayson’s election based on alleged dual citizenship at the time of nomination, with the Electoral Commission and statutory frameworks (PNDCL 284 and C.I. 127) implicated. On appeal, Quayson sought a referral under Article 130(2), but the Court of Appeal found the application premature and inadequately supported. The Supreme Court majority (Kulendi JSC; Torkornoo JSC concurring; Honyenuga JSC joining) held there was no patent error of law warranting certiorari, stressed that referrals require a real and genuine interpretative issue evidenced by proper records—not automatic upon allegation—and declined to stay or refer, noting a pending original-jurisdiction writ (J1/11/2022). Dordzie JSC and Pwamang JSC dissented, advocating referral and stay.
RULING
MAJORITY OPINION
KULENDI JSC:-
INTRODUCTION
This is a motion on notice for an order of certiorari directed at the Court of Appeal, Cape Coast, to bring up to this Court, for the purposes of being quashed, the ruling of the Court dated 13th December, 2021 by which ruling, the Court of Appeal refused the Applicant’s motion for a stay of proceedings and reference to this Court for the interpretation Article 94(2)(a) of the Constitution.
BACKGROUND
The Applicant was elected Member of Parliament for the Assin North Constituency on December 7th, 2020 and sworn in Parliament on 7th January, 2021. Upon the election of the Applicant as Member of Parliament for the constituency aforementioned, the 1st Interested Party petitioned the High Court, Cape Coast and contended that at the time of the filing of the nomination forms by the Applicant, the Applicant held Canadian citizenship in violation of Article 94[2][a] of the Constitution, Section 9(2)(a) of the Representation of the Peoples Act 1992 (PNDCL 284), and the Public Elections Regulations, 2020 [C.I. 127]. It was further contended before the High Court that at the time of the Parliamentary Elections in the Assin North Constituency, the Applicant was not qualified to contest as a candidate for the Assin North Constituency in accordance with the electoral laws for the time being in force. The 1st Interested Party therefore sought orders cancelling the parliamentary elections and further orders prohibiting the Applicant from holding himself out as Member of Parliament for the Assin North Constituency and for the Electoral Commission to conduct fresh elections in the Assin North Constituency.
The High Court, on 28th July, 2021, delivered a 68-page judgment distilling the issues and granted the prayers of the 1st Interested Party and held in part as follows:
“Therefore, it is the Court's ruling that by virtue of the clear and unambiguous provisions of the electoral laws for the time being in Ghana and in the face of the overwhelming available evidence, 1st Respondent herein was not qualified to contest as a Member of Parliament for the 2020 Parliamentary Elections organized by 2nd Respondent in the Assin North Constituency.”
The High Court therefore cancelled the Parliamentary elections, perpetually restrained the Applicant from holding himself as Member of Parliament for the Assin North Constituency and further ordered that the Electoral Commission conduct fresh elections for the Constituency.