National Democratic Congress (NDC), Yaw Brogya Genfi, has asked the Supreme Court to nullify the election of the Member of Parliament (MP) of Tolon, Habib Iddrisu.
In a writ filed at the apex court Monday [November 7, 2022], Brogya Genfi argues that the legislator was convicted of fraud in Australia before the 2020 election and, therefore, was not qualified to be a legislator per Article 94(2) (c) (i) of the 1992 Constitution.
The writ, invoking the original jurisdiction of the Supreme Court to interpret and enforce the 1992 Constitution, has named Mr. Iddrisu, the Electoral Commission (EC), and the Attorney-General (A-G) as defendants.
Article 94(2)(c) (i) of the 1992 Constitution stipulates that a person shall not be qualified to be an MP if he 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.”
Mr. Genfi’s case focuses on the fraud and dishonesty aspect of the above constitutional provision.
However, per Article 94 (5) of the 1992 Constitution, a person caught under Article 94(2)(c) (i) would not be disqualified to be a legislator 10 years after he had served his or her sentence.
It is the contention of the plaintiff that Mr Iddrisu, who is a legislator on the ticket of the New Patriotic Party (NPP), prior to contesting as an MP, was a resident of Australia.
The Plaintiff Yaw Brogya Genfi says to the court in his writ that he has evidence to the effect that while in Australia, Mr. Iddrisu fraudulently used the credit card of one Mr. Gideon Tafon a Cameroonian National to make purchases, for which he was charged and convicted.
“The Plaintiff asserts that while resident in Australia, the first defendant (Mr. Iddrisu) was charged with one count of forgery and 10 counts of fraud and stood trial before the Perth Magistrates Court. The first defendant pleaded guilty to all the charges.
In a letter dated December 5, 2011, the Western Australia Police, Murdoch Police Station wrote to Mr. Gideon Tafon to inform him that an order of restitution of an amount of $4,999 was made by the magistrate in Mr. Gideon Tafon’s favour after the conviction of the first defendant by the magistrate,” the plaintiff stated in his writ.
It is the case of the plaintiff that as of the time Mr. Iddrisu filed his nomination forms to contest as an MP in Tolon, he (Iddrisu) had been convicted by a court and, therefore, it was unconstitutional for the MP to have contested the elections.
“Having been convicted for the offences of forgery and fraud, the first defendant was not qualified to be a Member of Parliament at the time he filed his nomination forms with the second defendant (EC) in October 2020,” the plaintiff stated.
On your most watched Ghanaian Show WADR, Host Kevin Taylor read the letter and the involvement of the Tolon MP in the case.
