The National Democratic Congress (NDC) Director of Legal Affairs has expressed dissatisfaction with certain aspects of the Supreme Court’s full judgement, which led to the removal of James Gyakye Quayson as the Member of Parliament for Assin North. This article delves into the concerns raised by the NDC and examines the implications of the court’s ruling.
The NDC’s Director of Legal Affairs, Mr Abraham Amaliba, spoke on Joy FM’s Top Story, highlighting what he deemed as a significant oversight in the Supreme Court’s judgement. He found it perplexing that the court did not specifically address Section 21 D of the PNDC Law 284. According to this provision, the court can nullify an election only if the candidate was unqualified at the time of the election, not at the time of filing the nomination.
Mr Amaliba questioned the court’s approach, asking why the Supreme Court determined Mr Quayson’s qualification based on the time of filing his nomination rather than the time of the election itself. He expected the apex court to analyze Section 21 D and acknowledge its importance before asserting that the qualification period is the nomination.
Highlighting the relevance of Section 21 D in the PNDC Law 284, Mr Amaliba emphasized that disregarding this section would require strong justifications. He quoted Justice Atuguba’s words in the case of “ex parte national lottery,” where it was highlighted that courts have a duty to uphold legislative provisions unless there are compelling policy reasons to deviate from them. By failing to address Section 21 D, the Supreme Court may have neglected its role as a servant of the legislature.
The implications of the court’s ruling on James Gyakye Quayson also extend to the Chief Justice nominee, Justice Gertrude Torkornoo. The NDC minority in parliament has expressed its intention to scrutinize the full document to determine its course of action, particularly concerning the confirmation of Justice Torkornoo as the Chief Justice. During her vetting before parliament, Justice Torkornoo faced questions regarding the Supreme Court’s ruling on Gyakye Quayson. The NDC’s examination of the judgement will likely influence its stance on her confirmation.
The concerns raised by the NDC’s Director of Legal Affairs about the Supreme Court’s judgement on James Gyakye Quayson are valid and highlight potential flaws in the decision-making process. The failure to address Section 21 D of the PNDC Law 284 raises questions about the court’s interpretation of the law. As the NDC evaluates the full document, its conclusions may have an impact on the confirmation of Justice Torkornoo as the Chief Justice nominee. This case brings attention to the complex relationship between the judiciary, the legislature, and the interpretation of laws within Ghana’s democratic system.
