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


In the wake of electing a Speaker of Parliament for the 8th Parliament, Members of Parliament Elect has engaged in aheated debate as to whether the Assin North Member of Parliament (MP) Elect is legible to vote due to a High Court injunction on him not to hold himself as a Member of Parliament (MP) Elect for Assin North.

This heated debate resulted in both sides arguing  as to whether the Clerk, Mr. Cyril Kwabena Oteng Nsiah is in the position to prevent the said MP-elect from participating in the yet to be conducted election of a Speaker.

Courts don’t determine elected MPs
Courts don’t determine elected MPs

This made the Member of Parliament-elect for Tamale South Haruna Iddrisu to categorically say on the floor of parliament that, courts do not determine who is elected as Member of Parliament in Ghana.

Emphasizing that, the power to elect a Member of Parliament lies in the hands of the electorate through the ballot.

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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