Justice Atuguba has described the ruling as scandalous.
Speaking at a public lecture on Tuesday, the retired judge asserted that the Apex Court shouldn’t have even taken up the case.
This, according to him, was because it was already been adjudicated by the High Court, adding that it goes against the basic principle of law.
The outspoken judge argued there should have been an execution of the High Court’s decision and not a fresh matter.
“The James Gyakye Quayson’s decision by the Supreme Court is with all due respect scandalous in that the court, in the teeth of the settled maxim Res Judicata et non quieta movere, re-adjudicated the same matter that has been adjudicated upon by the High court on the merits,” he stated.
Additionally, he said the Apex Court failed to deliver justice when it nullified Mr Quayson’s election when he had clearly renounced his Canadian citizenship in November 2020 and the election was in December 2020.
“The Supreme Court does not stand in a good light despite the clear renunciation in November 2020, whereas the election was in December. I am not able to see substantial justice in this,” he added.
The Supreme Court, on May 13, 2023, ordered Parliament to expunge Mr Quayson from its records.
The presiding judge, Justice Jones Dotse, ruled that the Electoral Commission acted unconstitutionally in allowing him to contest the 2020 parliamentary elections without proof of him renouncing his Canadian citizenship.
The court in a unanimous decision ruled that Mr. Quayson was not qualified at the time of filing his nomination forms. It further held that the Electoral Commission allowing him to contest when he had not shown evidence of renunciation of his citizenship of Canada is unconstitutional.
It further declared that his election was unconstitutional, null and void and of no effect.