The petitioner in the Jomoro parliamentary election petition has appealed the ruling of the Sekondi High Court after it dismissed the initial case against the Member of Parliament(MP) for Jomoro, Dorcas Affo-Toffey.
Mr Joshua Emuah Kofie challenged the eligibility of the MP to contest as a representative of the people in the constituency on the ticket of the National Democratic Congress (NDC).
The petitioner contended that the MP held Ivorian citizenship at the time of contesting the seat, which contravenes the 1992 Constitution.
The court declared Ms Affo-Toffey eligible on grounds that she lost her Ivorian citizenship at the very time she acquired her Ghanaian citizenship, per Article 48 of the Ivorian Nationality Code.
Mr Emuah Kofie has stated in his appeal that he is dissatisfied with the court’s decision on the grounds that the judgement was against the weight of evidence.
He asserted that the trial judge committed an error of law when he held that by Article 48 of the Ivorian Nationality Code, the 1st respondent’s letter to the Ivorian authorities dated January 24, 2019, was evidence of loss of her Ivorian nationality.
On this basis, he prayed the Court of Appeal in Cape Coast to overturn the previous ruling.
He reiterated that Article 48 and title “V’ of the code makes express provision for declaration, not the letter.
“There was no evidence of any such declaration having been made by the 1st respondent.”
The petitioner added that the trial judge also misdirected himself and erred in law when he found that 1st respondent lost her Ivorian nationality when she took on Ghanaian nationality under Article 48 of the Ivorian Nationality Code.
“When 1st respondent on her own showing and from the evidence adduced had been a Ghanaian from birth and could not now be taking on Ghanaian nationality,” he added.