Opinions of Thursday, 6 July 2023

Columnist: Rockson Adofo

Do you want the laws of the land to or not work, oh ye unpredictable Ghanaians?

The flag of Ghana The flag of Ghana

No country ever prospers without the enforcement of, and obedience to, the laws of the land. There is therefore no wonder that Ghana’s prosperity has not yet materialised but stuck in ping pong partisan and polarised limbo.

The nature of politics practised in Ghana is impacting negatively on the socio-politico-economic development of the nation to the detriment of many, except the few well-placed politicians, traditional overlords and heads of public services and their agents and assigns.

Why is it that some politicians, political parties and their supporters most of whom are educated illiterates and damn sycophants are always doing whatever is in their capability to obstruct the law from taking its full course?

It is the ongoing reality in Ghana that when a member of a political party is arraigned for breaching the law, you will see the members of his or her political party trooping to court on their scheduled days of appearance not only to offer them moral support but to flagrantly solidarize with them in protest of their prosecution. This is so absurdly conspicuous with the National Democratic Congress (NDC).

I have noted with concern the NDC and their sorry to say, bunch of educated illiterates both within and outside Ghana always brazenly throwing their weight behind any NDC member or known sympathiser, be they politicians, journalist/broadcaster or foot soldier, whenever such person is arrested or put before the courts for prosecution for breaking the law. What nonsense is that, if I should be frank with Ghanaians?

From my understanding of Article 94 Section 2a of the 1992 Constitution by which Ghana is governed on who cannot become a parliamentarian, as stated below, the Assin North Constituency parliamentarian, James Gyakye Quayson, has breached the entrenched constitutional clause.

A person shall not be qualified to be a member of Parliament if he

owes allegiance to a country other than Ghana;

Since to become a parliamentarian is a process, filling Electoral Commission questionnaire application forms on parliamentary contestant/candidacy, filing the forms supported by affidavit attestation to the truthfulness of the answers so provided in default of which your candidacy shall be nullified and be prosecuted, how could James Gyakye Quayson qualify to contest the election in 2020 if he had provided correct answers?

At that material time of undertaking the process, he was owing allegiance to Canada, being a naturalised Canadian citizen of Ghana origin. He was also a Ghanaian by his probably dual citizenship or the fact he is a native of Ghana.

The constitutional clause as quoted above is in plain English that any child of six years old and above living in Europe, the United States of America, Canada, Australia and Japan, will in no time be able to tell or explain what it means.

Nonetheless, most Ghanaian politicians, especially those in the NDC party and their supporters some of whom are PhD holders and heads of some Civil Society Organisations, can’t read, can’t understand or can’t interpret or explain what the clause means. Sad though!

If they could, they would understand that there is nothing witch hunting about the prosecution of James Gyakye Quayson. He has broken the law, simple as that.

I live in Europe and well understand what it is to be a naturalised citizen of the country. Once you naturalise, you obligatorily owe allegiance to the country without any ifs or buts.

For the sake of those Ghanaians who see the prosecution of James Gyakye Quayson as a witch hunt with all the nonsenses they assign to it, find below some researched information on being a naturalised citizen of a nation.

What are the words to the Canadian oath of citizenship?

They go, “From this day forward, I pledge my loyalty and allegiance to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to defend our democratic values, to faithfully observe our laws and fulfil my duties and obligations as a Canadian citizen” or Text of the Current Oath of Citizenship: “I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, and fulfil my duties as a Canadian citizen.” .

The Oath of Allegiance of the United States is the official oath of allegiance that must be taken and subscribed by every immigrant who wishes to become a United States citizen. The current Oath of Allegiance of the United States is as follows:

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform non-combatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God”

Affirmation of allegiance in the United Kingdom

“I (name) do solemnly, sincerely and truly declare and affirm that on becoming a British Citizen, I will be faithful and bear true allegiance to His Majesty King Charles III, his Heirs and Successors, according to law”.

From the above examples cited and with James Gyakye Quayson as then citizen of Canada preceding and during his processes to contest to become a parliamentary, he had clearly breached Ghana’s constitutional requirement of who and how to become a parliamentarian.

Why then are some highly educated Ghanaians who should have known better, are rather misinterpreting the constitution to suit their partisan parochial interests as though those of us insisting on the law taking its full course are wrong and evil?

The fact that you are supporting a particular person or party should not hinder you from telling the absolute truth.

The NDC are noted for running down the courts and even the Supreme Court all for their desire to abuse the law and have their irresponsible way in everything all the time.

When a journalist/broadcaster is always on air insulting and defaming his political rivals, gets sued for defamation, you will see the members of a political party rallying to his/her support because he/she is doing their dirty political work for them.

When a pastor uses his sermons to condemn say, NPP, for a reason or the other, you will see the NDC instantaneously gone into ecstasy and jubilation.

Do we really want the laws to work for Ghana to progress, or we want the laws to be broken all the time for Ghana to retrogress or get stuck in underdevelopment?

When people are spoiling the nation’s water bodies, arable and fertile lands and forests, you will get some politicians supporting them all for the enhancement of their chances to win political power.

Ghana cannot continue on the path of self-destruction any longer. Therefore, we had better take note, do the right things by respecting the laws before Rawlings resuscitates from death to punish you and me.

Please, don’t make matters worse, you the Ghanaian educated illiterates residing both in Ghana and abroad.

James Gyakye Quayson had not received any confirmation of the renunciation of his Canadian citizenship before starting the processes to becoming a parliamentarian in Ghana. The fact he had applied to the Canadian Immigration Office for the cancellation of his Canadian citizenship does not indicate that he had successfully renounced his Canadian citizenship hence has smooth path to apply to contest to become a parliamentarian in Ghana.

What about 2012 and 2016 that he came to Ghana to contest to become a parliamentarian but on both occasions rejected by then NDC Central Regional Chairman Allotey Jacobs, for being a naturalised Canadian citizen owing allegiance to Canada hence contravening Article 94 section 2a? On each such occasion, he returned to Canada. Had he on those two occasions put in application to renounce his Canadian citizenship and if yes, what happened?

When he returned to Canada on those two occasions when he was disqualified to contest to become a parliamentarian as publicly disclosed by Allotey Jacobs, was he still a Canadian citizen or an ordinary Ghanaian immigrant?

If he returned as immigrant, how did he acquire that immigrant status after renouncing or putting in application to renounce his Canadian citizenship?

If he had not renounced his Canadian citizenship on those two occasions, what proves that he did renounce it on his third attempt to become a parliamentarian? Was he not being crafty by peeping through the hole of a bottle using his two eyes in which case one eye will burst as an Akan proverb asserts?

You can’t have your cake and eat it!!!