A member of the National Democratic Congress (NDC) legal team Godwin Edudzi Tamekloe has laughed at the suggestions that the embattled Gyakye Quayson, who until July 28, 2021 High Court ruling, was MP for Assin North, cannot contest in the yet to scheduled by-election in that constituency.
The Cape Coast High Court on July 28, 2021, has declared the parliamentary election held in Assin North constituency as null and void on grounds that by the Supreme Court decision in the Republic vrs High Court (General Jurisdiction 6), a person desirous to contest for parliamentary election should be qualified at the time the Electoral Commission issued the notice of polls.
It is against this ruling that some hold the view that, Mr. Gyake Quayson will not be able to contest in the by-elections should the EC set date for it in that constituency.
But Mr. Tamekloe argued that “the High Court held that at the time the EC issued the notice of polls and Mr. Quayson filed his nominations, he didn’t have the certificate of renunciation issued by Canada.The certificate of renunciation was issued in November 2020 before the election, and however the notice of polls came in October 2020. Hon Quayson applied for the renunciation much earlier but the Canadian Authorities only issued the certificate of renunciation on the 26th November, 2020”.
“By this decision, Hon Quayson is now qualified to contest the by election because he now has the certificate of renunciation”.
He said once the EC issued the notice of polls for the by election, Hon Quayson will be qualified to contest.
Immediately after the Cape Coast High Court ruling, the petitioner, who is the Central Regional Secretary of the New Patriotic Party, Richard Takyi Mensah, has also filed a fresh criminal case against Mr. Gyakye Quayson.
He filed at the Criminal Investigations Department (CID) of the Ghana Police Service to investigate Mr. Gyakye Quayson over issues, including his participation in the election of the Speaker of Parliament, although the High Court had barred Mr. Quayson from holding himself as an MP at the time. Thereby declaring him not fit to contest the upcoming by-election.
But Edudzi Tamekloe believes that position is flawed and will not stand the test of time, hence describing such view as ridiculous.
“It has been suggested that he can be prosecuted for deceit of public officer. Ridiculous”
He explain that “When Hon Quayson filed his nominations, some people within the constituency petitioned the District Office that he was not qualified. The District EC officer escalated the matter to the Headquarters before the election. The EC headquarters demanded for the certificate of renunciation and he duly submitted it. On that basis the EC allowed him to contest the election. So which public officer did he deceive?”
The EC satisfied itself before allowing him to contest, Godwin Edudzi Tamekloe stressed.
