Lawyer and KPMG Professor in Accounting at the Fisher School of Accounting, University of Florida Stephen Kwaku Asare widely known as Kwaku Azar has asserted that there are two many errors in the High Court judgement.
In post shared on his official Facebook page on Wednesday, 20th April 2022 he wrote;
“There are too many errors in the high court judgment. For instance, the court’s reason for refusing to refer the matter to the Supreme Court (SC) is that “Ex Parte Zanetor is the recent and authoritative decision by the SC on what point in time the eligibility or qualification criteria as set out in article 94(2)(a) of the constitution comes into play (page 56).”
In fact, Ex Parte Zanetor has NOTHING to do with article 94(2)(a) and addresses only issues arising from article 94(1)(a).
Article 94(1)(a), which says “a person shall not be qualified to be a member of Parliament UNLESS he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter, is remarkably different from article 94(2)(a) “a person shall not be qualified to be a member of Parliament IF he owes allegiance to a country other than Ghana.”
Ex Parte Zanetor is the authority on the point at which a person’s voter registration status is ascertained for purposes of running for the office of an MP but says absolutely nothing on the point at which a person’s allegiance to a country other than Ghana is determined.
While registered voter is precise, allegiance is an imprecise term.That error by itself is enough to reverse.”
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