Former Justice of the Supreme Court, William Atuguba, has delivered a scathing critique of the Supreme Court’s handling of the Gyakye Quayson case, labeling it “scandalous” and raising questions about the judiciary’s role in Ghana’s democracy.
The Assin North Member of Parliament, James Gyakye Quayson, has been entangled in a protracted legal battle over allegations that he failed to renounce his Canadian citizenship before running for the 2020 parliamentary elections.
Justice Atuguba expressed his concern during a public lecture titled “Protecting our democracy: the role of the Judiciary.” He expressed unease over the Supreme Court’s decision to re-try the Gyakye Quayson case, pointing out that, according to the constitution, the High Court is empowered to handle challenges to parliamentary election results.
Justice Atuguba found it “scandalous” that the Supreme Court chose to revisit a matter that had already been adjudicated by the High Court on its merits, with only the execution of the verdict remaining.
He criticized the Supreme Court’s emphasis on the statutory processes for acquiring and renouncing citizenship. He questioned why Gyakye Quayson’s renunciation certificate, dated November 26, 2020, was not deemed conclusive when the parliamentary election occurred on December 7, 2020.
“Again the stress laid by the court on the statutory processes for acquisition and renunciation of citizenship shot itself in the foot. If the certificate of renunciation is so mandatory and conclusive why was it not conclusive in its effect to qualify Gyakye Quason when he received it, dated 26th November 2020, whereas the parliamentary election was held on 7th December 2020? Statutes, judgements, and documents must always be applied with consistency both in the letter and spirit,” he said
“These must always be construed holistically and as instruments of justice since it is a well-settled principle that the duty of a court is to do justice and a court should not be turned away from doing justice.”
Justice Atuguba stressed the importance of applying statutes, judgments, and documents consistently, in both their letter and spirit, to ensure justice prevails.