“(Mr Quayson is) 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” Justice Kwasi Boakye, Cape Coast High Court.
I winked and blinked, pinched myself in disbelief to be sure it was not a dream. “What is happening”? I contemplated to myself as I watched in doubt to see Mr. Quayson conduct himself as if he had won the court case and is legally recognized by the laws of the land as a Member of Parliament– elect.
A clearly televised case of lawlessness. The law which is a fundamental doctrine of the Republic of Ghana plainly thrown to the dogs. The law which stipulates that no man regardless of his rank or position is to stand above the laws of the land had met its villains.
My greatest surprise came when the clerk of Parliament allowed Mr Quayson to partake in the voting of a speaker of Parliament and his subsequent swearing-in as a Member of Parliament. It was at this point that I said to myself that the fight has been lost. The rule of law which is the building block on which modern democracies are founded had collapsed.
“Wow!”, I exclaimed. “Is this really happening?” I asked. “Do we live in an empire of laws or an empire of strong men where some men or group of men are above the law?” I further mulled over.
The Cape Coast high court had granted an injunction against the NDC Member Of Parliament elect for Assin north brought before it by one Michael Ankomah that the Mp- elect held on to his Canadian citizenship when he was filing to contest the December Polls as a member of parliament for Assin North in the republic of Ghana.
Mr. Quayson at that point owed allegiance to both Ghana and Canada which contravenes the provision of Article 94(2) of the 1992 Constitution of Ghana. Mr. Micheal Ankomah, therefore, urged the court to declare Mr. Quayson’s position as Mp- elect null and void.
Justice Kwasi Boakye in giving his ruling on Wednesday 6th January 2020 said Mr. Quayson was “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”.
When the issue came up during the inauguration of the 8th Parliament, the clerk, Mr. Cyril Kwabena Oteng Nsiah, admitted that the injunction on Mr. Quayson had been served him.
The clerk of parliament however engaged in lawlessness when he knew the terms of the court order but acted in a way that breached the court order by allowing Mr. Quayson to vote as an Mp-elect.
his unbelievable act goes a long way to wreck the confidence in the law. It derails and brings into disrepute the laws of the land. It reminds me of Thursday, July 1, 1982, when the Ghana Broadcasting Authority announced the nation’s worst fears which became a reality. The night when Mr. Justice Poku Sarkodee, Mrs. Justice Cecilia Koranteng- Addow and Mr. Justice Kwadwo Agyei Agyapong, all Judges of the High court were brutally and savagely murdered on the night of their abduction.
It is sad and every firm believer of the law’s worst nightmare.