Brogya Genfi files writ at SC to annul Tolon MP’s election

Yaw Brogya Genfi, a National Youth Organiser aspirant of the National Democratic Congress (NDC), has filed a writ at the Supreme Court (SC) to annul the election of Habib Iddrisu, the New Patriotic Party (NPP)Member of Parliament (MP) for Tolon Constituency in the Northern Region.

It claimed that the MP had been convicted for fraud and forgery in Australia less than 10 years before he contested the election.

The Electoral Commission (EC) and the Attorney-General (AG) are the second and third respondents, respectively, in the writ.

The reliefs include a declaration that Mr Iddrisu, who was elected MP for Tolon Constituency during the 2020 parliamentary election, was not qualified to be elected within Articles 94(2)(c)(i) and 94(5) (a) of the 1992 Constitution.

This was because at the time of filing his nomination for the said election between the October 5 and 9, 2020, he had been convicted for forgery and fraud, both offences involved dishonesty on his own plea by the Perth Magistrates Court in Australia on November 28, 2011.

According to the writ, 10 years had not elapsed at the time Mr Iddrisu filed his nomination for that election which is seeking a declaration the decision of the EC and AG to permit Mr Iddrisu to contest the election under such circumstances was inconsistent with and violated Articles 94(2)(c)(i) and 94(5)(a) of the Constitution.

Article 94(2)(c)(i) states that a person shall not be qualified to be a Member of Parliament if he/she has been convicted for high crime under this Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude.

Article 94(5)(a) declares that a person shall not be taken to be disqualified to be a Member of Parliament under paragraph (c) or (d) of clause (2) of this article if- (a) 10 years or more have passed since the end of the sentence or the date of the publication of the report of the Commission or Committee of Inquiry or he has been pardoned.

The writ is seeking a declaration the election be declared null and void and of no legal effect, the swearing-in of MP for Tolon Constituency was inconsistent with and violates Articles 94(2)(c)(i) and 94(5)(a) of the Constitution, unconstitutional, null and void and of no legal effect.

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