The National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi, believes the judgment of the Cape Coast High Court nullifying the outcome of the Assin North constituency parliamentary election held in 2020 is plagiarised from Wikipedia.
Speaking on Accra-based Joy FM, he said the trial judge Justice Kwasi Boakye, in his ruling on Wednesday, July 28, 2021, used the Canadian law to give judgment.
“And if you look at section 1 subsection 2 of the Evidence Act of Ghana, issues of foreign law are questions of facts which the Supreme Court has said can only be determined at the trial stage through the abduction of evidence; in this case, there was no evidence before the court.
“He [Justice Kwasi Boakye] resorted or if you like plagiarized some writings from Wikipedia and sort to determine issues of foreign law on his own as a judge with when he has no such powers under the Evidence Act in this country; he didn’t even allow the matter to go for trial, abduction of evidence or expert witness to be called so clearly, he did not determine that issue with accordance with the law,” he said.
The Cape Coast High Court in the Central Region on Wednesday, July 28, 2021, declared the 2020 parliamentary election held in the Assin North Constituency null and void.
The court ordered for a fresh election to be conducted in the constituency.
In his judgment, Justice Boakye upheld that, the NDC 2020 parliamentary candidate for the constituency, John Gyakye Quayson breached the provisions of the constitution with regard to dual citizenship.
Meanwhile, the embattled former MP for Assin North, John Gyakye Quayson, has appealed the ruling of the Cape Coast High Court annulling his election.
He is asking the court to quash the decision of the Cape Coast High Court.