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

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…