Brogya Genfi sues Tolon MP over alleged forgery; demands annulment of polls

Brogya Genfi sues Tolon MP over alleged forgery; demands annulment of polls

The National Democratic Congress (NDC) Youth Organiser aspirant, Yaw Brogya Genfi has filed a writ at the Supreme Court for the annulment of the election of New Patriotic Party Member of Parliament for the Tolon constituency, Habib Iddrisu.

The writ filed by Brogya Genfi stated that the MP had been convicted of fraud and forgery in Australia and was not fit to contest an election in Ghana at the time he filed his nomination to contest as an MP.

The writ filed on Monday, November 7, stated that Mr Iddrisu was convicted on his own plea by the Perth Magistrates Court in Australia on November 28, 2011.

Among the reliefs being sought by Brogya Genfi include;

“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;

“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.”

“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.”

By: Kobina Welsing