Declare Tolon MP’s swearing-in unconstitutional – Brogya Genfi to Supreme Court
According to the writ filed on November 7, 2022, 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.
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A former Ashanti Regional Youth Organizer of the opposition National Democratic Congress(NDC), Yaw Brogya Genfi has invoked the original jurisdiction of the Supreme Court seeking inter alia a declaration that the swearing-in of the MP for Tolon, Habib Iddrisu is unconstitutional.
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.
