A lot of comrades have reached out to me about the way forward in relation to the Assin North Constituency and the former MP.
Let me try and summarize the issues.
The Supreme Court has earlier decided in the Exparte Dr Zanetor case that the time to question eligibility or otherwise of a person desirous of becoming an MP should be at the time that the EC opens nominations for the said parliamentary contest. Hence, a person should be deemed to be qualified at the time of the opening of nominations.
With that said, the Hon Gyakye Quayson obtained his certificate of renunciation in November, 2020. The EC opened nominations in October 2020.
With these two timelines, the SC took a restrictive view that once the certificate of renunciation came after he filed his nominations, notwithstanding the fact that he obtained the renunciation certificate before his election and swearing-in, he is deemed not eligible.
Since in a by-election, the EC must open nominations and since he has already obtained his certificate of renunciation, he is qualified within Article 94 of the Constitution. He is therefore qualified to stand in the by-election.
Standing a criminal trial is not a ground for disqualification.
