A resident of Nuba-Mpataba in the Jomoro District of the Western Region has filed a writ at the Sekondi High Court challenging the National Democratic Congress (NDC) Member of Parliament (MP) for the area, Dorcas Affo-Toffey, to produce evidence of her renounced dual citizenship in court.
According to the applicant, Joshua Emuah Kofie, the MP was not qualified to contest as the people’s representative in the country’s legislative assembly.
He alleged that the MP was holding multiple nationalities –American and Ivorian citizenships, which violates the 1992 Constitution.
However, the MP has denied having an American citizenship, but had an Ivorian citizenship which she said she had renounced.
The applicant through his legal representative, Frank Davies, has therefore prayed the court to grant an order to inspect documents indicating Mrs. Affo-Toffey indeed renounced her Ivorian citizenship before filing to contest the 2020 parliamentary election.
In his statement of claim, the applicant averred that the MP held an Ivorian and American citizenship at the time of filing the said nomination forms between October 5 and 9, 2020, which violated the country’s 1992 Constitution.
The applicant said that on January 8, 2021, he filed a petition through his lawyers at the court indicating that the filing of parliamentary nomination forms by the first respondent (MP), violated the country’s laws.
He insisted that the decision by the Electoral Commission, which is the second respondent in the case, to clear the MP, to contest the parliamentary elections in the Jomoro Constituency was also illegal.
He, therefore, prayed the court to declare the 1st respondent election as the MP for the Jomoro Constituency as null and void and of no effect whatsoever as it violates the 1992 Constitution.
He also called for an order of perpetual injunction restraining the 1st respondent from holding herself out as MP for the Jomoro Constituency.
According to the applicant, on March 9, 2021, the 1st respondent filed her answer and averred that she had never been an American citizen.
She, however, indicated that she was an Ivorian citizen and had renounced her Ivorian citizenship before she filed her nomination to contest the December 2020 parliamentary elections in the Jomoro Constituency.
“By a letter dated March 22, 2021, my lawyers requested from the lawyers of the 1st respondent to produce the certificate of renunciation of the Ivorian citizenship or any document evidencing renunciation of the Ivorian citizenship at our cost,” the applicant averred.
He added “Till date first respondent’s lawyers even though in receipt of the letter have failed, refused and or neglected to answer my lawyer’s request without any justifiable reason whatsoever.”
He has, therefore, prayed the court to make an order directed at the 1st respondent to produce the said documents for his inspection.
The case will be heard in the Sekondi High Court on May 31, 2021.