Cyril Kwabena Oteng Nsiah, the clerk of Parliament has ruled that he is not going to recognise the Assin North MP-elect in the election of Speaker of Parliament.
In his ruling, Oteng Nsiah said, “I was duly served and therefore, I do not recognise James Gyakye Quayson for the election of the Speaker.”
James Gyakye Quayson, the MP-elect for Assin North has been restrained from holding himself out as the MP-elect for the Assin North constituency within the Central Region of Ghana.
The NDC MP-elect was spotted in the chamber of Parliament ahead of the inauguration of the 8th Parliament of the fourth Republic.
The Clerk of Parliament in reading to the petition served on him by the High Court said the court has ordered that “James Gyakye Quayson […] is hereby restrained from holding himself out as Member of Parliament-elect for the Assin North constituency within the Central Region of the Republic of Ghana and further presenting himself to be sworn in as Member of Parliament-elect as such until the final determination of the petition.”
This was after an inquiry by Alexander Afenyo Markin, the MP-elect for Efutu on whether or not the House has received a notification of the injunction placed on him by the court.
His request was seconded by Osei Kyei-Mensah-Bonsu, the MP-elect for Suame, who reminded the Clerk that the House has been served a notice of court injunction.
Haruna Iddrisu, MP-elect for Tamale South told the clerk that courts do not determine who an elected MP is.
He said, “Mr Chairman, courts don’t determine an elected person in Ghana. The court has the mandate to adjudicate on matters brought before it but the election of Member of Parliament is vested in Ghanaians citizens. We are aware that James Gyakye Quayson of Assin North was duly elected.
“As far as we know no court processes have been served on him personally. That is why he is here having registered and having the recognized as Member of the 275 MPs.”
After the debate, the clerk confirmed that he received the notice of injunction at 4:45 PM. Mr Hamza, Deputy Chief Court registrar served him, he revealed.
A Cape Coast High Court on Wednesday, January 6 ruled that he cannot hold himself as the Member of Parliament-elect for the constituency.
This followed a legal suit against him for allegedly holding Canadian citizenship in addition to his Ghanaian citizenship as at the time he filed his nomination to contest for the parliamentary election, a situation which violates Article 94 (2)(a) of the Constitution of Ghana, 1992.
Article 94 (2) reads: “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”
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