Courts don’t determine elected MPs – Haruna to Markins on Assin North-MP injunction

    Member of Parliament-elect for Tamale South Haruna Iddrisu has said courts do not determine who is elected as Member of Parliament in Ghana.

    He said that power lies in the hands of the electorate.

    Mr Iddrisu’s comments come after the MP-elect for Efutu Alexander Afenyo Markins inquired from the clerk of parliament Mr Cyril Kwabena Oteng Nsiah, on Thursday January 7 on the floor of the House whether or not he has received a notification of the injunction placed on the Assin North Member of Parliament James Gyakye Quayson by the Cape Coast High Court..

    His request was seconded by MP-elect for Suame Osei Kyei Mensah Bonsu who reminded the Clerk that the House has been served a notice of court injunction.

    But Mr Iddrisu told the clerk that “Mr Chairman, courts don’t determine an elected person in Ghana. The court has the mandate to adjudicate on matters brought before it but the election  of Member of Parliament is vested in Ghanaians citizens . We are aware that James Gyakye Quayson of Assin North was duly elected .

    “As far as we know  no court processes have been served on him personally.  That is why he is here  having registered and having the recognized as Member of the 275 MPs.”

    After the debate, the clerk confirmed that he received the notice of injunction at 4:45PM. Mr Hamza, Deputy Chief Court registrar served him, he revealed.

    “I was duly served and therefore, I do not recognise Mr Quayson for the election of the Speaker,” Mr Oteng Nsiah ruled.

    A Cape Coast High Court on Wednesday January 6 ruled that Mr Quayson cannot carry himself as the MP-elect for Assin North.

    He was sued for allegedly holding Canadian citizenship as at the time he filed his nomination to contest for the parliamentary election, something which violates Article 94 (2)(a) of the Constitution of Ghana, 1992.

    “94. (2) A person shall not be qualified to be a member of Parliament if he –

    • owes allegiance to a country other than Ghana”, the provision reads.


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