Brogya Genfi’s case against election of Tolon MP adjourned sine die

This according to the court presided over by Lovelace-Johnson(JSC), is to enable the 1st defendant in the matter thus the Member of Parliament to be served with the court processes.

Is allowance instantly strangers applauded

The Supreme Court of Ghana has adjourned sine die, an action filed by a former Ashanti Regional Youth Organizer of the opposition National Democratic Congress(NDC), Yaw Brogya Genfi against the MP for Tolon, Habib Iddrisu.

This according to the court presided over by Lovelace-Johnson(JSC), is to enable the 1st defendant in the matter thus the Member of Parliament to be served with the court processes.

According to the writ filed on November 7, 2022, with the Electoral Commission and the Attorney General as 2nd and 3rd Defendants respectively, Brogya Genfi notes that Mr. Habib was not qualified to be elected as MP for the Constituency in 2022 per Articles 94(2)( C )(i) and 94(5)(a) of the 1992 Constitution.

He indicates further that at the time of filing his nomination for the said elections between October 5th to 9th 2020, the MP had been convicted of forgery and fraud on his plea by the Perth Magistrates Court in Australia on November 2011 and ten years had not passed at the time of filing his nomination.

He is therefore seeking from the Supreme Court;

A declaration that Mr. Habib Iddrisu was not qualified to be elected as MP for the Tolon constituency in the Northern Region of Ghana.

Also, he is seeking a declaration directed at the Electoral Commission that its decision to allow Mr. Habib to contest in the 2020 Parliamentary election despite being been convicted of forgery and fraud on his plea by the Perth Magistrates Court in Australia on November 2011 is inconsistent with and violates Articles 94(2)( C )(i) and 94(5)(a) of the 1992 Constitution.

Moreover, a declaration that Mr. Habib’s election as a Member of Parliament despite being been convicted of forgery and fraud on his plea by the Perth Magistrates Court in Australia on November 2011 is inconsistent with and violates Articles 94(2)( C )(i) and 94(5)(a) of the 1992 Constitution and to that extent is unconstitutional, null and void and of no legal effect.

Additionally, a declaration that the swearing in of Mr. Habib as MP for the Tolon Constituency is inconsistent with Articles 94(2)( C )(i) and 94(5)(a) of the 1992 Constitution Constitution and to that extent is unconstitutional, null and void and of no legal effect.

When the case was called today, November 23, 2022, all the parties and their counsels were absent with the exception of the representative from the Attorney General.

As a result, the presiding judge conferred with the Registrar of the court and noticed that the processes have not been fully served on the parties and thus adjourned in order for the same to be done.