The case in which the eligibility of the National Democratic Congress (NDC) Member of Parliament (MP) for Jomoro in the Western Region, Dorcas Afo-Toffey was being challenged, has been dismissed by a Sekondi High Court.
A resident of Nuba-Mpataba in the Jomoro District of the region, Joshua Emuah Kofie filed a writ at the Sekondi High Court to challenge the MP to produce evidence of her renounced dual citizenship in court.
According to the petitioner, the MP was not qualified to contest as the people’s representative in the country’s legislative assembly.
In his statement of claim, the petitioner averred that the MP held an Ivorian and American citizenship at the time of filing the nomination forms between October 5 and 9, 2020, which violated the country’s 1992 Constitution.
He insisted that the decision by the Electoral Commission, which is the second respondent in the case, to clear the MP, to contest the parliamentary elections in the Jomoro Constituency was also illegal.
He, therefore, prayed the court to declare the 1st respondent election as the MP for the Jomoro Constituency as null and void and of no effect whatsoever as it violates the 1992 Constitution.
He also called for an order of perpetual injunction restraining the 1st respondent from holding herself out as MP for the Jomoro Constituency.
On March 9, 2021, the 1st respondent filed her answer and averred that she had never been an American citizen.
She, however, indicated that she was an Ivorian citizen and had renounced her Ivorian citizenship before she filed her nomination to contest the December 2020 parliamentary elections in the Jomoro Constituency.
She noted that given article 48 of the Ivorian Citizenship Code any Ivorian shall lose his or her citizenship, in case that person voluntarily acquires foreign citizenship.
After about 23 months of hearing the case, the court gave its final ruling on it yesterday.
In the over two hours ruling, the court presided over by Justice Dr. Richmond Osei Hwere stated that the Jomoro MP was validly elected by her constituents.
The court indicated that the petitioner was not able to adduce enough evidence to support his claim that the NDC MP had dual citizenship at the time of filing to contest the seat.
The court, however, pointed out that the MP was able to prove that she lost her Ivorian citizenship at the very time, she acquired her Ghanaian citizenship as per Article 48 of the Ivorian Nationality Code.
The court noted that the MP’s claim was corroborated by an Ivorian practicing lawyer, Dadje Ange Rodrigue who was a witness in the case.
During cross-examination, the Ivorian lawyer noted that given article 48 of the Ivorian Citizenship Code any Ivorian shall lose his or her citizenship, in case that person voluntarily acquires foreign citizenship.
He told the court that the 1st Respondent formally addressed the Minister of Justice of Cöte d’Ivoire that she was renouncing her Ivorian citizenship with immediate effect by a letter dated January 24, 2019.
In the ruling, the judge pointed out that the petitioner could not challenge whether indeed the witness was a lawyer and could also not bring a witness from Ivory to dispute the testimony of the 1st Respondent’s Ivorian lawyer.
The court, therefore, indicated that per the evidence before it including what is stipulated in Article 48 of the Ivorian Nationality code, the MP was validly elected and dismissed the petition.
From Emmanuel Opoku, Sekondi.