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Accra, Nov 07, GNA \u2013\u00a0Mr\u00a0Yaw\u00a0Brogya\u00a0Genfi, National Youth\u00a0Organiser\u00a0aspirant of the National Democratic Congress (NDC), has filed a writ at the Supreme Court for the annulment of the election of\u00a0Mr\u00a0Habibu\u00a0Iddrisu,\u00a0the\u00a0New Patriotic Party (NPP),Member of Parliament (MP) for Tolon.<\/p>\n
The\u00a0writ claims\u00a0that the MP\u00a0had\u00a0been\u00a0convicted for fraud and forgery in Australia\u00a0less than 10 years\u00a0before he contested the election.\u00a0<\/p>\n
The Electoral Commission (EC) and the Attorney-General are the second and third respondents,\u00a0respectively,\u00a0in the writ.<\/p>\n
The reliefs\u00a0include\u00a0a declaration that Mr Habib Iddrisu, who was elected the Member of Parliament for the\u00a0Tolon\u00a0Constituency,\u00a0in the Northern Region,\u00a0during the 2020 Parliamentary\u00a0Election, was not qualified to be elected \u00a0within the meaning of Articles 94(2)(c)(i) and 94(5)(a) of the 1992 Constitution.<\/p>\n
This\u00a0was\u00a0because\u00a0at the time of filing his nomination for the said\u00a0election\u00a0between\u00a0the\u00a05th 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 28th<\/sup>\u00a0of November 2011.<\/p>\n It said\u00a010 years had not\u00a0elapsed\u00a0at the time Mr Habib Iddrisu filed his nomination for\u00a0that\u00a0election.<\/p>\n The\u00a0writ\u00a0also\u00a0seeks\u00a0a\u00a0declaration that the decision of the\u00a0Electoral\u00a0Commission\u00a0and the Attorney General\u00a0to permit\u00a0MrHabib\u00a0Iddrisu\u00a0to contest\u00a0the election under\u00a0such\u00a0circumstanceswas\u00a0inconsistent with and\u00a0violated\u00a0Articles 94(2)(c)(i) and 94(5)(a)\u00a0of the 1992 Constitution.\u00a0<\/p>\n According\u00a0to the article,\u00a0a person shall not be qualified to be a Member of Parliament if he \u201chas 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\u201d.<\/p>\n Article 94(5)(a) declares that a person shall not be taken to be disqualified to be a Member of Parliament under paragraph (c) or (d) of clause (2) of this article if- (a) ten years or more have passed since the end of the sentence or the date of the publication of the report of the commission or committee of inquiry; or he has been pardoned.<\/p>\n The writ is, therefore, seeking\u00a0a\u00a0declaration that the election\u00a0be declared\u00a0null and void and of no legal effect.<\/p>\n It\u00a0also seeks\u00a0a declaration that the swearing-in of\u00a0the\u00a0Member of Parliament for the Tolon\u00a0Constituency\u00a0was inconsistent with and violates Articles 94(2)(c)(i) and 94(5)(a) of the 1992 Constitution and\u00a0was to that extent unconstitutional, null\u00a0and void and of no legal effect.<\/p>\n GNA<\/p>\nRelated News<\/em><\/h3>\n<\/p><\/div>\n