EC cannot hold a by-election now, it is not possible – Abraham Amaliba

Director of Legal Affairs of the National Democratic Congress (NDC), Abraham Amaliba, has disagreed with the Attorney General’s assertion that the Electoral Commission (EC) can hold a by-election in Assin North following the apex court’s ruling on Wednesday.

He explained that the EC cannot hold any by-election at the moment until the substantive case at the Supreme Court is dealt with.

“That is not possible. The Supreme Court, when adjourning today, said the substantive matter has been adjourned sinedial until that matter is disposed of, nobody should be talking about by-election and how did they come to that conclusion,” he told JoyNews.

Mr Amaliba’s comment was in reaction to the Attorney General’s assertion that the Electoral Commission (EC) can declare the Assin North Constituency seat vacant following the Supreme Court’s ruling on Wednesday morning.

Speaking to the press shortly after court proceedings, Godfred Dame said, “the High Court has ruled, given a judgment and determined the status of the gentleman as not qualified to have stood for election and had actually cancelled the election conducted in the Assin North constituency.

“The Court of Appeal subsequently struck out his appeal for non-compliance with the rules of the Court of Appeal.”

He, therefore, said since there is no appeal pending, “the way is clear.” “In my view, there should be nothing in the way of the Electoral Commission to declare the seat vacant,” he added.

The Supreme Court, on Wednesday, in a majority 5-2 decision, ruled that Assin North MP James Gyakye Quayson can no longer perform Parliamentary duties.

This is until the determination of the substantive case filed against him at the Supreme Court.

“The application succeeds. The MP is restrained from holding himself as MP for Assin north and restrained from attending parliament to conduct business on behalf of the people of Assin north.

“The restriction remains until the final determination of the substantive matter. We direct that the case hearing be expedited, “Justice Dotse ruled.

But Director of Legal Affairs for the NDC said the party would possibly go for a review of the Supreme Court’s ruling.

“As lawyers, we are meeting this evening, and we will make a decision. It’s 5-2; it’s possible that a review can be made, and if the judges are minded, they can turn around the decision, but nobody should be talking about a bye-election now when the matter itself has not been disposed of,” he stated.

The Supreme Court is expected to rule on the petition by Michael Ankomah Nimfah, a resident of the constituency, praying the court to give effect to the Cape Coast High Court’s ruling in July 2021.

The ruling nullified the election of Mr Quayson after it found he owed allegiance to Canada when filing his nomination forms to contest the polls.

In view of this, today’s ruling by the Apex Court means that James Gyeke Quayson will not represent the people of the Assin North Constituency for the time being.