Tolon MP, Seat Under Threat Over Forgery

Even before the dust could settle on the fate of embattled National Democratic Congress (NDC) Member of Parliament (MP) for Assin North, Mr. James Gyakeye Quayson, a national youth organizer-aspirant of the NDC, Brogya Genfi, has filed a writ at the Supreme Court for the annulment of the election of New Patriotic Party (NPP) MP for Tolon, Habib Iddrisu.

The writ filed yesterday, November 7, stated that the MP,who is now second Majority Chief Whip, had been convicted of fraud and forgery in Australia and, therefore, not fit to contest an election in Ghana at the time he filed his nomination to contest as an MP.

According to the NDC activist, the NPP lawmaker was convicted on his own plea by the Perth Magistrates Court in Australia, sometime in 2011.

In his writ to the Supreme Court, Brogya Genfi indicated that the MP was at the time convicted “on his own plea by the Perth Magistrates Court in Australia on the 28 of November 2011 and ten (10) years had not passed at the time when Mr. Habib Iddrisu filed his nomination for the said elections.”

He insists that the action by the MP constitutes a breach of Article 94 of the 1992 Constitution, hence seeking reliefs from the apex court including:

“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.”

As at the time of going to press, the lawmaker, Habib Iddrisu, is yet to comment on the matter, let alone the leadership of the Majority Caucus.

Source: Anchorghana