2020 Parliamentary Election Dispute: Assin North M.P. petitions Chief Justice to remove trial Judge

    1

    The National Democratic Congress (N.D.C) parliamentary candidate for Assin North, Hon. James Gyekye Quayson has through his lawyers, petitioned the Chief Justice of the Republic of Ghana; His Lordship Kwasi Anin Yeboah to remove the judge hearing the petition, challenging his election as the Member of Parliament in the 2020 General Election.

    A member of the NDC legal team, Mr. Sammy Gyamfi, told the media after yesterday’s hearing that the legal team was praying the Chief Justice to remove Justice Kwasi Boakye over his ‘lack of fairness in the case’

    This comes after the lead counsel for the M.P., Mr. Abraham Amaliba withdrew his services for his clients few weeks ago, after his failed attempt to get Justice Boakye to recuse himself over certain alleged comments that he (Justice Boakye) made.

    However, Justice Boakye denied making any such comments, and dismissed the oral application for him to recuse himself.

    The petitioner on the other hand have described the attempt by the respondents to have the presiding judge removed from the case, as well as Mr. Amaliba’s withdrawal of his legal services, as a calculated move to delay the petition.

    Background

    Mr. James Quayson polled 17,498 votes as against 14,793 by the New Patriotic Party’s (NPP’s) Ms Abena Durowaa Mensah, in the December 7, 2020 parliamentary election.

    On December 30, 2020, however, a resident of Assin North, Mr. Michael Ankomah-Nimfah, filed a parliamentary election petition at the Cape Coast High Court challenging the eligibility of Mr. Quayson to be a Member of Parliament.

    The petitioner contended that the M.P. was not eligible on the basis that at the time he (James Quayson) filed his nomination to contest as a parliamentary candidate, he was still a citizen of Canada.

    The petitioner argued that the act by the M.P.was against the express provision of Article 94 (2) (a) of the 1992 Constitution and Section 9(2) of the Representation of the People Act 1992 (PNDCL 284).

    The petitioner among other reliefs, is seeking the Cape Coast High Court to declare the nomination filed by Mr. Quayson as “illegal, void and of no legal effect”.

    Furthermore, they are seeking a declaration by the court that the decision by the EC to clear Mr. Quayson to contest as a parliamentary candidate was “illegal, void and of no legal effect”.