KULENDI JSC
INTRODUCTION
This is a motion on notice for an order of certiorari directed at the Court of Appeal, Cape Coast, to bring up to this Court, for the purposes of being quashed, the ruling of the Court dated 13th December, 2021 by which ruling, the Court of Appeal refused the Applicant’s motion for a stay of proceedings and reference to this Court for the interpretation Article 94(2)(a) of the Constitution.
BACKGROUND
The Applicant was elected Member of Parliament for the Assin North Constituency on December 7th, 2020 and sworn in Parliament on 7th January, 2021. Upon the election of the Applicant as Member of Parliament for the constituency aforementioned, the 1st Interested Party petitioned the High Court, Cape Coast and contended that at the time of the filing of the nomination forms by the Applicant, the Applicant held Canadian citizenship in violation of Article 94[2][a] of the Constitution, Section 9(2)(a) of the Representation of the Peoples Act 1992 (PNDCL …