Former Supreme Court Justice William Atuguba has criticized the recent judgment by the Supreme Court of Ghana in the case of the Assin North legislator, James Gyakye Quayson, labeling it as “scandalous.”
He argued that the Supreme Court should not have taken up the case, as it had already been adjudicated by the High Court, which contravenes the fundamental principle of res judicata.
Justice Atuguba argued that the Supreme Court’s proper course of action should have been to execute the High Court’s decision instead of initiating a new trial.
The case revolved around Gyakye Quayson’s eligibility as a Member of Parliament, and he was previously removed from Parliament following the Supreme Court’s decision in May 2022, which annulled the 2020 constituency election.
In his criticism, Justice Atuguba raised questions about the Supreme Court’s interpretation of the statutory processes for acquisition and renunciation of citizenship and whether the certificate of renunciation should have been considered conclusive in its effect when Gyakye Quayson received it in November 2020.
He emphasized the need for consistency in applying statutes, judgments, and documents to ensure justice. Gyakye Quayson later ran again in the bye-election and reclaimed his seat in Assin North.