Gyakye Quayson acquitted and discharged

The Criminal Division of the High Court in Accra has acquitted and discharged James Gyakye Quayson, Member of Parliament for Assin North, on all five criminal charges brought against him.

The ruling, delivered by Justice Mary Yanzuh on Monday, upheld a submission of no case to answer made by Quayson’s legal team, effectively bringing an end to a two-year legal battle.

Mr. Quayson, who was arraigned on January 31, 2022 and pleaded not guilty on February 15 of the same year, had been facing charges including deceit of a public officer, perjury and making false statutory declarations.

The case centered on allegations that he made untrue claims about his citizenship status when applying for a Ghanaian passport and filing nomination forms ahead of the 2020 parliamentary elections.

At the heart of the prosecution’s case was the claim that Mr. Quayson, at the time of applying for his passport in July 2019 and submitting his nomination forms in October 2020, still held Canadian citizenship – a status he was constitutionally required to renounce before running for office.

However, the court found that the evidence presented did not sufficiently establish criminal intent or deliberate deception.

Justice Yanzuh noted several inconsistencies in the prosecution’s case, particularly regarding the documentation related to Mr. Quayson’s passport application.

While the completed application form and a statutory declaration indicated he answered “No” to a question about dual citizenship, the court found discrepancies in dates and signatures that made it difficult to attribute the documents definitively to the accused.

The judge also observed that Mr. Quayson had applied to renounce his Canadian citizenship and received a certificate of renunciation dated November 26, 2020.

Though this came 48 days after filing his nomination forms, his legal team argued – and the court accepted – that he genuinely believed he no longer owed allegiance to Canada at the time of the declarations in question.

“Criminal liability must be anchored in both action and intent,” Justice Yanzuh ruled, stating that the prosecution had failed to prove that Mr. Quayson knowingly made false statements or acted dishonestly. On all five counts, the court determined that the evidence did not warrant calling the accused to open a defence.

Notably, Quayson’s acquittal could have occurred earlier. Roughly two months ago, Attorney General and Minister of Justice Dr. Dominic Akuritinga Ayine expressed intent to file a nolle prosequi to discontinue the case.

However, the application was opposed by Quayson’s lead counsel, Tsatsu Tsikata, who insisted the matter be resolved on its merits.

The ruling brings significant relief to the embattled MP, who has long maintained his innocence throughout the politically charged trial.

His acquittal marks a turning point in a case that has drawn national attention and sparked debate over the interpretation of allegiance and citizenship in Ghana’s legal and political landscape.

 

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