Following the Supreme Court’s ruling on the disqualification of James Gyakye Quayson as the Member of Parliament for Assin North Constituency, Professor Stephen Kwaku Asare, also known as Kwaku Azar, has analyzed the judgment and expressed his criticism.
The US-based lawyer and academician took to Facebook hours after the full judgment was released, stating that while the process was complete, the foundation of the ruling was weak and the decision itself flawed.
In a Facebook post, Professor Kwaku Azar wrote, “The construction of the Assin-North judgment is complete. But the foundation is weak and the roof is already leaking. Da Yie!”
In another post, Professor Kwaku Azar referenced portions of the ruling that quoted a 2012 case in which he was involved, disagreeing with the court’s interpretation and its connection to the Gyakye Quayson case.
He emphasized that the 2012 case, had no relevance to the interpretation of allegiance as used in article 94(2)(a).
The Supreme Court of Ghana recently declared Gyakye Quayson’s 2020 election as a Member of Parliament unconstitutional, null, and void, citing his Canadian citizenship at the time of filing his nomination as the parliamentary candidate for the NDC in 2020.
Consequently, the Clerk of Parliament declared the Assin North seat vacant, leading to the scheduling of a by-election by the Electoral Commission on June 27, 2023.
Despite the criminal process initiated against Gyakye Quayson in relation to his 2020 election contest, the NDC has expressed its intention to re-present him as their candidate for the upcoming by-election.
The party remains steadfast in its support of Gyakye Quayson, despite the legal challenges he faces.
Professor Kwaku Azar’s critique of the Supreme Court’s ruling highlights concerns over the foundation and interpretation of the judgment.
As the by-election approaches, the political landscape in Assin North remains dynamic, with the NDC standing by their disqualified candidate.
