This was after plaintiff Michael Ankomah Nimfah filed an application early this year, seeking among others, a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution.
He sought to invoke the original jurisdiction of the apex court of the land to declare the election of Mr Gyakye Quayson as unconstitutional.
Article 94(2)(a) of the 1992 Constitution states: “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”
Justices Agnes Dordzie and Nene Amegatcher dissented while Prof. Henrietta Mensah Bonsu, Mariama Owusu, Gertrude Torkornoo, and Emmanuel Yonny Kulendi voted in favour.
A Cape Coast High Court, presided over by Justice Coram Kwasi Boakye, had earlier ruled that the Assin North MP was not eligible to contest the December 7, 2020 Parliamentary Elections simply because he bore dual citizenship before picking nomination forms from the Electoral Commission, Ghana (EC) against Article 942)(a).
This fuelled rumours of a by-election in the Constituency.
Speaking to journalists after Wednesday's ruling, Frank Davies, the lead counsel of Mr Ankomah Nimfah, said the application was to protect the sanctity of the Constitution.
“It is a necessary consequence but of course the order has to be drawn and served on the Speaker and his name has to be expunged.”
Lawyer Davies added that the Electoral Commission, Ghana (EC) has no option than to conduct by-elections as a result of the latest ruling.