Assin North resident invokes jurisdiction of Supreme Court for clarity on dual citizenship

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    An Assin North resident, Mark Nti has filed a constitutional law action at the Supreme Court seeking, among others, an interpretation of article 94(2)(a) of the 1992 Constitution, which basically borders on the disqualification of an MP who holds allegiance to a country other than Ghana.

    In the writ, the plaintiff is seeking the following reliefs;

    1. A declaration that, on the true and proper interpretation of article 94(2)(a) of the 1992 Constitution, the determination of a person owing allegiance to a country other than Ghana such as disqualifies such a person from being a member of Parliament in Ghana involves consideration of the law of the country other than Ghana to which it is claimed the person owes the allegiance.
    2. A declaration that, on the true and proper interpretation of article 94(2)(a) of the 1992 Constitution, a person who owed allegiance to a country other than Ghana but has taken positive steps under the law of that other country to renounce the allegiance or citizenship of that other country, does not fall within the scope and meaning of a person who owes allegiance to another country other than Ghana, as expressed in article 94(2)(a), and, as such, is not disqualified from being a member of Parliament.
    3. A declaration that, on the true and proper interpretation of article 94(2)(a) of the 1992 Constitution, the issue of owing allegiance to a country other than Ghana requires evidence of acts of allegiance by the person to a country other than Ghana such as to disqualify the person from being a member of Parliament.
    4. A declaration that on the true and proper interpretation of article 2(1)(b); 130(1)(a) and 130(2) of the Constitution, the issue as to the true and proper interpretation of Article 94(2)(a) of the 1992 Constitution is within the exclusive jurisdiction of the Supreme Court.
    5. A declaration that on the true and proper interpretation of article 2(1)(b); 130(1)(a) and 130(2) and 99(1) of the Constitution, the issue as to the true and proper interpretation of Article 94(2)(a) of the 1992 Constitution is not within the jurisdiction of the High Court exercising jurisdiction over an election petition and a High Court before which the issue is required by article 130(2) to refer the issue to the Supreme Court
    6. Any further or other relief(s) as this Honourable Court may deem fit.

    The outcome of this case could potentially affect the judgment of the High Court on the Assin North MP, as it could impact the judgment of the Cape Coast High Court in Michael Ankomah Ninfah vs James Quayson and the Electoral Commission.

    The parties have been named as 2nd and 3rd Defendants in this current suit to reflect this impact.

    The 2nd Defendant in this instant suit is seeking a declaration from the Cape Coast High Court that the election of Mr. James Quayson is in contravention of Article 94(2)(a) which states that a person cannot be a member of Parliament if he or she owes allegiance to another country.

    It is the case of the plaintiff in the suit referred to supra, that the Assin North MP had not renounced his Canadian citizenship at the time he filed his nomination to be elected as member of Parliament for Assin North.