A United States-based Ghanaian lawyer, Prof. Stephen Kwaku Asare, has highlighted the gaps in the Cape Coast High Court’s order for a fresh election at the Assin North constituency of the Central Region.
According to him, the court “erred in interpreting Article 94(2)(a) and compounded the error by equating allegiance to citizenship.”
Thus, in a post on Facebook on Wednesday, the legal practitioner called for a stay in executing the judgment, adding that, the matter should be referred to the Supreme Court for interpretation.
“It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a),” he wrote.
On Wednesday, a Cape Coast High Court cancelled the parliamentary results for the Assin North constituency in the 2020 parliamentary elections.
The court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the constituency.
The case of the petitioner is that the Member of Parliament (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 avered that at the close of nominations on the 9th of October, the Assin MP had not still renounced his Canadian nationality.
He said Joe Gyakye Quayson, who still holds himself as the MP, is in complete violation of Article 94 (2a) and the court should declare his election null and void.
