The National Democratic Congress (NDC) Youth Organiser aspirant, Yaw Brogya Genfi, has debunked claims that his suit against the Member of Parliament (MP) for the Tolon constituency, Habib Iddrisu, is just a political gimmick to market himself ahead of his party’s executives elections.
Brogya Genfi, on Monday, November 7, 2022, filed a suit at the Supreme Court to annul Mr Iddrisu’s election as a legislator in the 2020 parliamentary polls.
According to Mr Genfi, the MP was convicted of fraud and forgery in Australia in 2011.
In his writ to the apex court, he indicated that the MP was at the time convicted “on his own plea by the Perth Magistrates Court in Australia on November 28, 2011, and ten (10) years had not passed at the time when Mr. Habib Iddrisu filed his nomination for the said elections.”
A section of the public has accused Brogya Genfi of using the suit as a bid to gain popularity ahead of the NDC national executives elections.
However, reacting to the claims, Mr. Genfi said he is not perturbed by those claims, adding that his suit is credible.
“I am not worried if anybody says that. I would be worried if they say that these are not factual documents or the application is frivolous and lacks merit. This is what I would be worried about. I have a solid case before the court,” he said on Citi News.
Brief of the case
The writ filed by Brogya Genfi (Plaintiff) stated that Mr. Habib Iddrisu (Defendant) had been convicted of fraud and forgery in Australia and was not qualified to contest an election in Ghana at the time he filed his nomination to contest as an MP.
Mr. Genfi in his writ stated that Mr. Habib was convicted on his own plea by the Perth Magistrates Court in Australia on November 28, 2011.
The plaintiff is therefore seeking for the following reliefs;
“A declaration that the 1st Defendant, Mr. Habib Iddrisu, who was elected the Member of Parliament for the Tolon Constituency in the Northern Region of the Republic of Ghana during the 2020 Parliamentary Elections, was not qualified to be elected a Member of Parliament within the meaning of Articles 94(2)(c)(1) and 94(5)(a) of the 1992 Constitution of the Republic of Ghana by reason of the fact that, at the time of filing his nomination for the said elections between 5th and 9th October 2020, he had been convicted of forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on November 28 201 and ten (10) years had not passed at the time when Mr. Habib lddrisu filed his nomination for the said elections;
“A declaration that the decision of the 2nd Defendant to permit the 1st Defendant to contest Parliamentary Elections in the Tolon Constituency when the 1st Defendant had been convicted for forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on November 28 2011 is inconsistent with and violates Articles 94(2)(c)(9 and 94(5)61) of the 1992 Constitution of the Republic of Ghana and ten (10) years had not passed when the 2nd Defendant made the decision to allow the Defendant to contest the 2020 Parliamentary Elections.”
“A declaration that the election of the 1st Defendant as the Member of Parliament for the Tolon Constituency notwithstanding his conviction for forgery and fraud (both offences involving dishonesty) on his own plea by the Perth Magistrates Court in Australia on November 28 2011 is inconsistent with and violates Articles 94(2)(c)(i) and 94(5)(a) of the 1992 Constitution of the Republic of Ghana and to that extent is unconstitutional, null and void and of no legal effect;
“A declaration that the swearing-in of the 1st Defendant as Member of Parliament for the Tolon Constituency is inconsistent with and violates Articles 94(2)(c)() and 94(5)(0) of the .1992 Constitution of the Republic of Ghana and is to that extent unconstitutional, null and void and of no legal effect.”