A US-based Ghanaian Lawyer, Prof. Stephen Kwaku Asare has highlighted the gaps in the Cape Coast High Court’s order for a fresh election in Assin North constituency of the Central Region.

According to him, the court “erred in interpreting Article 94(2)(a) and compounded the error by equating allegiance to citizenship.”

Thus, in a post on Facebook on Wednesday, the legal practitioner called for a stay in executing the judgment adding that, the matter should be referred to the Supreme Court for interpretation.

“It is because of these errors, motivated by the politicization of citizenship, that we have moved for the repeal of Article 94(2)(a) and other Articles, inserted in 1996, that allow dual citizenship but impose public-office holding restrictions unrelated to Article 94(2)(a),” he wrote.

On Wednesday, a Cape Coast High Court canceled the parliamentary results for the Assin North constituency in the 2020 parliamentary elections.

The court presided over by Justice Kwasi Boakye, ordered for fresh elections to be conducted in the constituency.

The case of the petitioner is that the MP at the time of filing to contest the 2020 parliamentary elections, had not renounced his Canadian citizenship and thus held dual nationality.

He further avers that at the close of nominations on the 9th of October, the Assin MP had not still renounced his Canadian nationality.

He said Joe Gyakye Quayson who still holds himself as the MP is in complete violation of Article 94 (2a) and the court should declare his election null and void.

Meanwhile, the National Youth Organiser of the ruling New Patriotic Party (NPP) has expressed satisfaction about the court’s judgment.

Henry Nana Boakye who was interacting with the press after the proclamation indicated that the judge, Justice Kwasi Boakye prioritized rule of law and the country’s democracy by annulling the results of the 2020 Parliamentary polls of the said electoral area.

“Indeed, we [NPP] are happy because the over an hour delivered judgment [by the judge] was very elaborate, hinged, pivoted on authorities, on the laws of Ghana and at some material moments during its delivery, His Lordship made references to relevant international laws including the Canadian Citizenship Act.

“We are of the view that this is a victory for rule of law and again we will be waiting for the Electoral Commission’s announcement on when the said by-election will be conducted,” he stated.