Why A-G must consider discontinuation of James Gyakye Quayson’s trial in the national interest

Folks, the issue of the criminal trial of James Gyakye Quayson, following the Supreme Court ruling that removed him as a member of parliament has become a topical national issue.

Some especially, in the ruling governing NPP are of the view that criminality has arisen from his conduct prior to the 2020 elections and that a prosecution is in order and allows the chips to fall where they may.

Others see it as a deliberate ploy by government to address the balance in parliament as a possible conviction will trigger yet another by-election in his constituency, Assin North with the hope that the NPP could win third time lucky.

Yet there is the third thinking that amounts to political persecution by government, skillfully using the court system to pursue a political opponent in order to achieve what it could not do twice by the ballot box.

The A-G has refused calls by members of the public to declare a “nolle prosequi” in order to discontinue the case citing reasons that it would amount to interference with the judiciary and the president of the republic despite commenting on the merits of the case before the court has quickly run for cover under non-interference of the judiciary.

I present the issue of the criminal trial resulting from the Supreme Court ruling as a national interest issue. The court case can go on one of two ways. There is the possibility of a no-guilty verdict because, in Ghana, one is innocent until proven guilty in court.

And the chances of proving that when he set out to contest the elections, he intended to commit a crime and set out to do so wilfully, could be an uphill task for the A-G to adduce evidence to support.

There is also the possibility of a guilty verdict, which could result in a custodial sentence. This will have the added effect of yet again making the Assin North Seat in parliament vacant, necessitating yet another by-election in the constituency.

I dare say, that if there is the perception of a witch hunt, then the NPP is not likely to benefit from that by-election, which will be a costly and unwarranted use of tax payer’s funds in these difficult times.

I ask the A-G to look back into our history to find a reason to file a nolle prosequi to bring this matter to a close in the national interest.

On the 12th of February, 1951, the then Governor of the Gold Coast, Governor Sir Charles Noble Adern-Clark, released the Secretary General of the CPP, Mr. Kwame Nkrumah, from the James Fort Prison, to form a government. This was after Nkrumah had organised the “positive action” resulting in strikes, boycotts, and some violence.

Nkrumah was arrested, tried, convicted, and sentenced to three years imprisonment. But following the election that was held, the people of Accra Central, elected him to represent them as their member of the legislative assembly. The CPP also won the elections as the largest party to form a government.

The Governor, in the national interest and to honour the choice of the Accra Central constituency, released Nkrumah to fulfill his role of providing representation to his constituency. I believe that the people of Assin North have on two occasions through the ballot box made their choice of James Gyakye Quayson very clear. If this court case travels far into the next year, a possible NDC government’s A-G will invariably file a Nolle prosequi to discontinue the trial.

It also stands to reason that should the case end in a conviction and a sentence, an incoming NDC president will undoubtedly grant him a pardon. The exercise then would have been in futility.

I urge the current A-G not to muddy the political waters but be bold in taking the bull by the horn and in the national interest, discontinue this apparent political show trial. Posterity will judge you right and the nation will thank you.

A continuation of the trial is not in the national security interest and so please the trial has not travelled much. Please return the horses to the stable and let’s soldier on as a country in unity. I thank you.