Supreme Court petitioned to remove Tolon MP over alleged fraud in Australia

NDC National Youth Organizer aspirant, Brogya Genfi, has filed a writ at the Supreme Court for the annulment of the election of the NPP MP for Tolon Constituency, Habibu Iddrisu, on grounds that the MP has been convicted of fraud and forgery in Australia.

In the writ, the plaintiff indicated that the defendant was not qualified to contest for the parliamentary seat as he had been convicted of forgery and fraud by an Australian court in November 2011.

The plaintiff said at the time the defendant filed his nomination for the said election, between October 5 and 9, 2020, the MP had not passed, which is inconsistent with the provisions of Article 94(2)(c)(i) and 94(5)(a) of the 1992 constitution.

He is therefore calling for the court to declare the election of Habib Iddrisu unconstitutional, null and void, and of no legal effect.

“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)(i) 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 2011 and ten (10) years had not passed at the time when Mr. Habib Iddrisu filed his nomination for the said elections;

“B. A declaration that the decision of the and 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 28t 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 Chana and ten (10) years had not passed when the 2’d Defendant made the decision to allow the 1” Defendant to contest the 2020 Parliamentary Elections;

C. A declaration that the election of the 1st Defendant as the Member of Parliament for the Toon 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 28t 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” the writ stated.

Below is the full document

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