Brogya Genfi, a candidate for the job of National Youth Organiser of the National Democratic Congress (NDC), has launched a lawsuit against Habib Iddrisu, an MP from Tolon.
The National Democratic Congress (NDC) activist requests that the Supreme Court invalidate Mr. Iddrisu’s election as a lawmaker in the 2020 parliamentary elections.
According to Mr. Genfi, the MP and Second Majority Whip was convicted in Australia in 2011 of fraud and forgery.
In his petition to the supreme court, he said that the MP was at the time sentenced “on his own plea by the Perth Magistrates Court in Australia on November 28, 2011, and ten (10) years had not elapsed at the time Mr. Habib Iddrisu submitted his candidacy for the aforementioned elections.”
He maintains that this violates Article 94 of the Constitution of 1992.
Article 94 (c)(i) of the Constitution of 1992 states that a person is ineligible to be a member of Parliament if he “has been convicted of a serious criminal under this Constitution, high treason, treason, or an offense concerning the security of the State, fraud, dishonesty, or moral turpitude.”
Article 94(5)(a) states that a person is not disqualified from becoming a member of Parliament under paragraphs (c) or (d) of clause (2) if: (a) at least ten years have elapsed since the conclusion of the sentence or the date of publication of the report of the commission or committee of inquiry.
Based on this, Mr. Genfi feels that the existing position of the Tolon MP is null, invalid, and without legal effect.
The Electoral Commission and the Attorney-General are also parties to the November 7 lawsuit.
Habib Iddrisu has yet to make a public statement on the situation.