Court delivers judgement on Jomoro MP citizenship case Nov 21

The High Court on Monday disclosed that judgment on the case involving the citizenship of Member of Parliament (MP) for Jomoro, in the Western Region, Dorcas Affo-Toffey, will be delivered on November 21, 2022.

The court would also determine the eligibility of Ms AffoToffey to contest the December 2020 parliamentary election, in Jomoro constituency.

The court presided over by Justice Dr Richmond Osei Hwere,

made the declaration after counsel for the petitioner, Bright Agyekum, had cross- examined an Ivorian lawyer, Dadje Ange Rodrigue of Abidjan, Plateau, who testified for the MP on the Ivorian Nationality code.

The court ordered the lawyers for the petitioner and respondent to file their written addresses on November 7, prior to the final ruling by the court.

“So get the email address of the court and make sure you send a soft copy before filing,” Justice Hwere directed both lawyers.

Earlier, lawyer Rodrigue averred that the first respondent, Ms Afo-Toffey, formally addressed the Minister of Justice of Cöte d’Ivoire, to declare, that she was renouncing her Ivorian citizenship with immediate effect, by a letter dated, January 24, 2019.

“And the letter was received on January 29, 2019 by the Ministry of Justice of Cöte d’Ivoire”, lawyer Rodrigue noted. 

He said that by a certificate, dated April 12, 2021, the Director of Civil and Criminal Affairs of the Republic of Cöte d’Ivoire in charge of matters of citizenship, replied to the first respondent’s request.

Lawyer Rodrigue said that the Director specified that, in view of article 48 of the Ivorian Citizenship Code, the said request was “irrelevant insofar as any Ivorian of legal age, who voluntarily takes on a foreign citizenship thereby, loses his or her citizenship.” 

He told the court that under Article 48 of the Cöte d’Ivoire Citizenship Code, “any one shall lose his or her citizenship, in case that person voluntarily acquires a foreign citizenship, or if the person declares that he/she recognises such a citizenship.”

Testifying through an interpreter, Lawyer Rodrigue said by acquiring Ghanaian citizenship, the MP lost her Ivorian citizenship at the time of that date, automatically.

He stated that at the time of contesting the parliamentary elections in December 2020, in Jomoro constituency, the MP had already lost her Ivorian citizenship.

Lawyer Agyekum asked, “So your understanding of the Article 48 is that the loss of nationality can be by a word of mouth?”

“No, but, the moment an Ivorian takes on another nationality and it is confirmed, that person automatically loses his or her Ivorian citizenship under article 48 of the Nationality code,” Rodrigue responded. 

Meanwhile, a representative of the Electoral Commission (EC), Samuel Mensah, who was also cross-examined, noted that the commission accepted the MP’s nomination based on the regulations she followed at that time.

The petitioner, Joshua Emuah Kofie of Nuba-Mpataba, in the Jomoro Constituency, in 2021, filed a suit challenging the Jomoro MP to produce evidence of her renounced dual citizenship.


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