Prof Stephen Kwaku Asare, also known as Kwaku Azar, a private legal practitioner has stated that the judge who annulled the 2020 Parliamentary results in Assin North erred in his ruling.
The court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the Assin North constituency.
The case of the petitioner is that the MP at the time of filing to contest the 2020 parliamentary elections, had not renounced his Canadian citizenship and thus held dual nationality.
Handing his judgement on Wednesday, the judge said the MP, Joe Gyaakye Quayson violated constitutional provisions and other statutory provisions that guide Ghana’s elections.
Reacting to it on Facebook, Prof Azar said “the Quayson court, as in the Sakande court, erred in interpreting Article 94(2)(a) and compounded the error by equating allegiance to citizenship.
“Natural born Ghanaians owe an indivisible, indelible and permanent allegiance to Ghana and Ghana only. Those interested in this can read Judge Coke in the famous Calvin case, as further restated by Blackstone. Or if you want something with ECOWAS flavor, see Dr. Willie Ogebide v. Mr. Arigbe Osula (2004) 12 NWLR Part 886.
“Article 94(2)(a) preceded Article 8(2), which allowed dual citizenship. It is misinterpretation on steroids to hold that Article 94(2)(a) was meant to disqualify dual citizens from holding public office when that same Constitution, prior to Act 527, outlawed dual citizenship.
“The Judge must stay his ruling and refer the matter to the Supreme Court for interpretation. It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a).”
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