RULING
C. HAYFRON-BENJAMIN, J.S.C.
MR. JOSEPH HENRY MENSAH was on the 7th December, 1996 elected the Member of Parliament for the SUNYANI EAST Constituency in the nationwide Parliamentary elections. On the 25th February, 1997 the Plaintiff, Mr. Michael Yeboah, caused a writ to be filed in this Court invoking our original Jurisdiction in terms of Articles 2, 94(1) and 130 of the Constitution 1992 and Rule 45 of the Supreme Court Rules 1996 (C.I. 16). The plaintiff claimed that MR. J.H. Mensah (Defendant) at the time of the election was not qualified or competent to become a Member of Parliament in terms of Article 94(1)(b) of the Constitution.
The Defendant, while admitting that he hailed from the SUNYANI WEST Constituency nevertheless contended that he was eligible for election to the seat for the SUNYANI EAST Constituency and had been validly elected as such Member of Parliament for the constituency. The Defendant further contended that the Plaintiff’s action was incompetent as having b…