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MICHAEL ANKOMAH NIMFAH
V.
JAMES GYAKYE QUAYSON, THE ELECTORAL COMMISSION & THE ATTORNEY GENERAL

(2023) JELR 111295 (SC)

Supreme Court 17 May 2023 Ghana
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- The Supreme Court of Ghana held that, under Article 94(2)(a) of the 1992 Constitution, a person is disqualified from being a Member of Parliament if, at the time of filing nomination forms, they owe allegiance to a country other than Ghan

Case Details

Suit Number:J1/11/2022
Judges:DOTSE J.S.C. (PRESIDING), AMEGATCHER J.S.C., OWUSU J.S.C., TORKORMOO J.S.C., PROF. MENSA-BONSU J.S.C., KULENDI J.S.C., ACKAH-YENSU J.S.C.
Counsel:FRANK DAVIES with BRIGHT OKYERE appears for plaintiff; TSATSU TSIKATA with JUSTIN PWAVRA TERIWAJAH for 1st Defendant; SETH ANANE-AMANKWAH for 2nd Defendant; GODFRED YEBOAH DAME with NANA ABUAA BRENY-OKYERE for 3rd Defendant;

JUDGMENT

AMEGATCHER JSC

The controversy in this suit centers on the interpretation and enforcement of article 94 (2) (a). The plaintiff invoked the original jurisdiction of the Supreme Court under Article 2 (1) (b) of the Constitution, 1992 to seek the following declaratory reliefs:

1. A declaration that upon a true and proper interpretation of Article 94 (2) (a) of the Constitution, 1992 of the Republic of Ghana, at the time of filing his nomination forms between 5th-9th October 2020 to contest the 2020 Parliamentary elections for the Assin North Constituency, the 1st Defendant was not qualified as a Member of Parliament.

2. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 the decision of the 2nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1st Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2)(a) of the Const…

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