Private legal practitioner lawyer Tachie Antiedu has explained that James Gyakye Quayson is more than qualified to contest in the by-election despite views held by some individuals that he could not contest
He said the challenge that was against him was the fact that he owe allegiance to another country at the time he filed to contest.
That matter he emphasised has been settled.
He posited that an interested candidate is expected to meet and satisfy all the requirements to contest in the parliamentary election at the time of filing and not before.
Lawyer Antiedu speaking on Frontline on Rainbow Radio 87.5Fm, said that even if criminal charges are filed against him, he could contest without any challenge unless he is prosecuted and convicted of any crime.
“As we speak now, it has been established that he has renounced and thus qualifies to contest,” he said. But the explanation here is that I don’t know if there are criminal charges, and so if the criminality and dishonesty of a public officer are shown beyond a reasonable doubt, he could lose his seat.”
“The criminal matter could travel for years,” the lawyer continued, “but if it is established that you committed perjury and deceived a public officer, it could haunt you.” But none of this is guaranteed. The standard of proof in civil cases differs from that in criminal proceedings.”
The fact that he was ruled unqualified to contend in civil proceedings does not imply that he would be found guilty or disqualified in criminal proceedings.”
Lawyer Antiedu stressed that it does not matter if the criminal proceedings have been triggered. The case could travel for years. Nothing is conclusive because in criminal proceedings you have to prove the guilt of the person beyond reasonable doubt”.
By: Rashid Obodai Provencal/Rainbowradioonline.com/Ghana