Disqualified MP Asks For Supreme Court Review

The Member of Parliament for Wulensi, Samuel Nyimakan has expressed shock at the Supreme Court's decision, disqualifying him to stand as a candidate for elections in the Wulensi Constituency and says he would seek a review.
"I have been shocked by the Supreme Court decision of Wednesday 15th January, 2003 that it has no jurisdiction to entertain my appeal against an earlier decision that, I am not qualified to be a Member of Parliament for Wulensi" Mr Nyimakan said in a statement.
The MP said in as much as he respects the decision of the Court as the highest court of the land, "I am nevertheless unconvinced that the Supreme Court is right at arriving at the decision''.
''I have therefore, instructed my lawyers to take all necessary steps to seek a review of the Supreme Court decision. I hope that the review will indicate my fight against my removal from parliament where I have been overwhelmingly mandated by the people to serve."
Mr Nyimakan appealed to his supporters and sympathizers in the constituency to remain calm and not to be agitated, saying there was still opportunity to seek redress. "The battle is not yet lost, as I will continue to fight using every available legal means, until justice is done."
The MP for Wulensi had filed an appeal against an earlier decision by the Tamale High Court challenging his eligibility.
The Tamale High Court had ruled in favour of Mr Fuseini Zakari in a petition filed to unseat Mr Nyimakan for allegedly flouting the residency clause in the electoral law. The petitioner alleged that Mr. Nyimakan neither hailed from any part of the constituency nor had any record of residency in the area, as required by law.
The Court of Appeal dealt a second blow to Mr. Nyimakan, when in a unanimous decision it upheld the ruling of the High Court and, therefore, dismissed his appeal brought before the court on April 12 last year.

The Member of Parliament for Wulensi, Samuel Nyimakan has expressed shock at the Supreme Court's decision, disqualifying him to stand as a candidate for elections in the Wulensi Constituency and says he would seek a review.
"I have been shocked by the Supreme Court decision of Wednesday 15th January, 2003 that it has no jurisdiction to entertain my appeal against an earlier decision that, I am not qualified to be a Member of Parliament for Wulensi" Mr Nyimakan said in a statement.
The MP said in as much as he respects the decision of the Court as the highest court of the land, "I am nevertheless unconvinced that the Supreme Court is right at arriving at the decision''.
''I have therefore, instructed my lawyers to take all necessary steps to seek a review of the Supreme Court decision. I hope that the review will indicate my fight against my removal from parliament where I have been overwhelmingly mandated by the people to serve."
Mr Nyimakan appealed to his supporters and sympathizers in the constituency to remain calm and not to be agitated, saying there was still opportunity to seek redress. "The battle is not yet lost, as I will continue to fight using every available legal means, until justice is done."
The MP for Wulensi had filed an appeal against an earlier decision by the Tamale High Court challenging his eligibility.
The Tamale High Court had ruled in favour of Mr Fuseini Zakari in a petition filed to unseat Mr Nyimakan for allegedly flouting the residency clause in the electoral law. The petitioner alleged that Mr. Nyimakan neither hailed from any part of the constituency nor had any record of residency in the area, as required by law.
The Court of Appeal dealt a second blow to Mr. Nyimakan, when in a unanimous decision it upheld the ruling of the High Court and, therefore, dismissed his appeal brought before the court on April 12 last year.