A cape Coast High Court presided over by Justice Kwasi Boakye has ordered for a fresh parliamentary election to be conducted in the Assin North constituency. This is after the presiding judge cancelled the 2020 parliamentary elections.
The case of the petitioner is that the MP at the time of filing to contest the 2020 parliamentary elections, had not renounced his Canadian citizenship and thus held dual nationality.
He further avers that at the close of nominations on the 9th of October, the Assin MP had not still renounced his Canadian nationality. He says the Assin North MP who still holds himself as the MP is a complete violation of Article 94 (2a) and the court should declare his election null and void.
Handing his judgement on Wednesday, the judge said the MP, Joe Gyaakye Quayson violated constitutional provisions and other statutory provisions that guide Ghana’s elections.
According to the judge, on the capacity of the petitioner to maintain an action against the Assin North MP, the MP’s challenge of his capacity was overruled. He said the petitioner had the capacity and the petition was competent.
The Court explained that its jurisdiction could be invoked in an election petition when the EC conducts a parliamentary election and declares the results of the contest. Thus, he argued the Court’s jurisdiction was properly invoked.
The Independence of the EC in the conduct of elections is not in doubt and the court won’t interfere in the operations of the EC unless an illegality and an unconstitutionality are being perpetrated by the EC.
He ruled that nothing precludes a petitioner from invoking the High Court’s original jurisdiction. He dismissed this challenge by the MP.