A former justice of the Supreme Court of Ghana, Justice William Atuguba, has raised critical concerns about the Supreme Court’s decision in the Gyakye Quayson case, describing it as “scandalous.” Justice Atuguba expressed these sentiments while delivering a lecture on Tuesday, October 24, 2024.
In his lecture, Justice Atuguba highlighted what he viewed as fundamental flaws in the Supreme Court’s handling of the Gyakye Quayson case. He emphasized that the Supreme Court’s intervention effectively re-adjudicated a matter that had already been decided by the High Court, a departure from established legal principles.
Justice Atuguba asserted that the primary course of action should have been the execution of the High Court’s decision, rather than revisiting the matter at the Supreme Court.
“The decision of the Gyakye Quayson case was scandalous. The Supreme Court re-adjudicated the matter already decided by the High Court,“ he said.
Furthermore, Justice Atuguba pointed out the Supreme Court’s failure to deliver what he considered to be a just decision. He noted that the nullification of Mr Quayson’s election, despite his clear renunciation of Canadian citizenship in November 2020, was a matter of contention.
“The Supreme Court does not stand in a good light despite the clear renunciation in November 2020 whereas the election was in December, I am not able to see substantial justice in this,” he said.
Justice Atuguba expressed his reservations about the Supreme Court’s determination that Mr Quayson maintained allegiance to Canada when the renunciation process had been initiated in 2019. He argued that the timing and context of Mr Quayson’s renunciation should have been taken into account during the court’s deliberations and that the verdict did not align with the principles of substantial justice.
