Former Supreme Court Justice, Justice William Atuguba, has sharply criticized the recent judgment by the Supreme Court of Ghana in the Gyakye Quayson case, deeming it “scandalous.”
Speaking at a public lecture held on Tuesday, October 24, 2023, the retired Supreme Court judge labeled the court’s decision as highly contentious.
Justice Atuguba argued that the Supreme Court should not have entertained the case in the first place, asserting that the matter had already been settled by the High Court. The Supreme Court’s decision to proceed with the case, in his view, contradicts a fundamental legal principle.
“The Supreme Court’s decision on James Gyakye Quayson, with all due respect, is scandalous because the court, in the face of the well-established principle of Res Judicata et non quieta movere, re-adjudicated a matter already ruled upon by the High Court,” he stated.
Justice Atuguba insisted that the appropriate course of action for the Supreme Court should have been to enforce the High Court’s decision rather than initiating a new trial.
The case in question revolves around the eligibility of Gyakye Quayson, the Assin North legislator, to serve as a Member of Parliament. He was ousted from Parliament in May 2022 following the Supreme Court’s decision to annul the 2020 constituency election.
This Supreme Court ruling sparked significant controversy and debate, prompting Justice Atuguba to publicly express his concerns.
“With all due respect, the Supreme Court does not appear in a favorable light by disqualifying Gyakye Quayson, despite his clear certificate of renunciation of his Canadian citizenship from November 26, 2020, while the elections were held on December 7. I fail to see substantial justice in this,” he added.
To further illustrate his point, the former Supreme Court Justice clarified that “the statutory processes for acquiring and renouncing citizenship undermined their own purpose.”
“If the certificate of renunciation is so definitive and binding, why did it not have the same effect in qualifying Gyakye Quayson when he received it on November 26, 2020, just before the parliamentary election on December 7, 2020? Statutes, judgments, and documents must be applied consistently in both letter and spirit. They should always be construed holistically and as instruments of justice, as it is a well-established principle that the court’s duty is to administer justice, and justice should not be compromised.”
Subsequently, the MP was once again nominated by the National Democratic Congress (NDC) for the by-election and secured the Assin North seat.
In that election, Gyakye Quayson emerged victorious with 17,245 votes, representing 57.56%. His primary rival, Charles Opoku of the New Patriotic Party, received 12,630 votes, or 42.15% of valid votes, while Bernice Enam Sefanu of the Liberal Party of Ghana garnered only 87 votes, or 0.29%.
