NDC’s Brogya Genfi speaks on 'political reason' for suit against Tolon MP

National Youth Organizer aspirant of the National Democratic Congress, NDC, Brogya Genfi, has spoken for the first time about a writ he filed at the Supreme Court on Monday, November 7, 2022.

The filing is seeking the annulment of the election of the New Patriotic Party, 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.

Genfi in a Facebook post spoke about a political aspect to his suit which he said was to counteract measures being engineered by government to reduce the number of NDC MPs in Parliament.

His post read: "I filed a writ today at the Supreme Court for the annulment of the election of NPP MP for Tolon, Habib Iddrisu on grounds that the MP has been convicted for fraud and forgery in Australia contrary to Article 92(2)(c)(i) of the 1992 Constitution of Ghana.

"Every effort by NPP to reduce the numbers of the NDC in Parliament will be met with far more potent counter measures," it added.

The NPP is grappling with trying to remove Adwoa Safo (MP for Dome Kwabenya) whiles the Minority is fighting against the removal of Assin North MP James Gyakye Quayson, who has been barred by the Supreme Court from holding himself out as an MP.

Some other parliamentary petition cases are before the courts. That of Jomoro (involving an NDC MP) and Techiman South (NPP MP) are all yet to be decided upon.

Brief of the case and pleadings:

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.

Portions of the write read: “A. 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.