Ghana: Nimfah v. Quayson & 2 Ors
Published: 17/Mai/2023
Source: Supreme Court of Ghana
[2023] GHASC 31 (17 May 2023)
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 2 nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1 st Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana.
3. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the election of the 1 st Defendant as Member of Parliament for Assin North Constituency was unconstitutional.
4. A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the swearing in of 1st defendant as Member of Parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.
5. Any further Orders and or Directions as the Court may deem fit to give effect or enable effect to be given to the Court.
Read judgment: https://ghalii.org/akn/gh-hr-accra/judgment/ghasc/2023/31/eng@2023-05-17