A resident of Nuba-Mpataba in the Jomoro Constituency in the Western Region has asked the Sekondi High Court for leave to inspect documents that prove that the National Democratic Congress (NDC) Member of Parliament (MP) for the constituency, Dorcas Affo-Toffey, has renounced her Ivorian citizenship.
According to Joshua Emuah Kofie, who dragged the MP to court on January 8, this year, Ms Affo-Toffey, at the time of filing her nomination for the 2020 parliamentary elections, held Ivorian and American citizenship in violation of the 1992 Constitution, hence was not qualified to stand for the elections.
Motion
In a motion filed by his counsel, Mr Frank Davies, Mr Kofie affirmed that the MP in her response to the petition averred that she was never an American citizen but an Ivorian citizen, and had renounced the Ivorian citizenship before filing her nominations for the elections.
He argued that following the response from Ms Affo-Toffey, his lawyers, in a letter dated March, 22 this year, requested the MP to produce certificates of her renunciation of the Ivorian citizenship.
However, the applicant in the motion paper said lawyers for the (MP) have since failed to respond to the letter to produce the renunciation documents without any reason.
The applicant is, therefore, praying the court, “to make an order directed at the MP to produce the said documents for my inspection as requested on notice to produce letter from my lawyers.”
The motion is expected to be moved by counsel for Kofie on Monday, May 31, this year.
In January this year, Kofie filed a petition challenging the candidature of Ms Affo-Toffey as the MP for the area.
According to him, the MP was not qualified on grounds that she possessed Ivorian and American citizenship.
Reliefs
As part of the reliefs, Mr Kofie wants the court to declare that the election of Ms Affo-Toffey as the MP for the area was null and void, as it was in violation of the 1992 Constitution and “a declaration that the MP at the time of the parliamentary elections for the constituency was not qualified to contest as a candidate for the constituency in accordance with the electoral laws of the country.”
Again, Mr Kofie wants the court to cancel the parliamentary election in his constituency and further order the Electoral Commission to conduct fresh parliamentary elections.
Lastly, he wants an order of perpetual injunction restraining the MP from holding himself as the MP for the Jomoro Constituency.