Friday, 02 December

2020 polls: Annul Tolon parl. results | NDC's Brogya Genfi prays SC; says MP is an ex-con

Politics
Brogya Genfi avers that Tolon MP Habib Iddrisu (pictured), is an ex-convict

The youth organiser of the National Democratic Congress (NDC), Mr Yaw Brogya Genfi, has gone to the Supreme Court in an attempt to have the poll results for the Tolon constituency annulled.

In a writ filed at the apex court, Mr Genfi argues that the elected MP, Mr Habib Iddrisu of the governing New Patriotic Party, is an ex-convict.

Ghana’s 1992 Constitution proscribes ex-convicts from holding public office.

According to Mr Genfi’s writ filed on Monday, 7 November 2022, the lawmaker was convicted on his own plea by the Perth Magistrates Court in Australia on 28 November 2011.

Mr Genfi is seeking the following reliefs:

“A declaration that the 1st Defendant, Mr. Habib Iddrisu, who was elected the Member of Parliament for the Tolon Constituency in the Northern Region of the Republic of Ghana during the 2020 Parliamentary Elections, was not qualified to be elected a Member of Parliament within the meaning of Articles 94(2)(c)(1) and 94(5)(a) of the 1992 Constitution of the Republic of Ghana by reason of the fact that, at the time of filing his nomination for the said elections between 5th and 9th October 2020, he had been convicted of forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on the 28 of November 201 and ten (10) years had not passed at the time when Mr. Habib lddrisu filed his nomination for the said elections”.

Also, Mr Genfi is praying the court for “a declaration that the decision of the 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Tolon Constituency when the 1st Defendant had been convicted for forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on the 28th day of November 2011 is inconsistent with and violates Articles 94(2)(c)(9 and 94(5)61) of the 1992 Constitution of the Republic of Ghana and ten (10) years had not passed when the 2nd Defendant made the decision to allow the Defendant to contest the 2020 Parliamentary Elections.”

Additionally, he wants “a declaration that the election of the 1st Defendant as the Member of Parliament for the Tolon Constituency notwithstanding his conviction for forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on the 28th day of November 2011 is inconsistent with and violates Articles 94(2)(c)(i) and 94(5)(a) of the 1992 Constitution of the Republic of Ghana and to that extent is unconstitutional, null and void and of no legal effect”.

“A declaration that the swearing-in of the 1st Defendant as Member of Parliament for the Tolon Constituency is inconsistent with and violates Articles 94(2)(c)() and 94(5)(0) of the 1992 Constitution of the Republic of Ghana and is to that extent unconstitutional, null and void and of no legal effect.”

 

 

 

 

 

Source: ClassFMonline.com