Dorcas Afo-Toffey has not Breach the Law-High Court throws out petition against her as MP
The Sekondi High Court on Monday dismissed an election petition against the elected Member of Parliament for the Jomoro constituency, Hon Dorcas Affo-Toffey, over lack of evidence in the petition against her eligibility as an elected MP as an alleged Ivorian citizen.
The High Court presided by Justice Dr. Richmond Osei Hwere, however, declared Dorcas eligible to be MP in Ghana on grounds that she lost her Ivorian citizenship at the very time she acquired her Ghanaian Citizenship.
The petition was brought to the Court by one, Joshua Emuah Kofie who challenged the eligibility of the MP to contest as a representative of the people in the constituency on the ticket of the National Democratic Congress (NDC).
According to the applicant, the MP holds multiple nationalities, including American and Ivorian citizenships, which contravenes the 1992 Constitution.
But Hon Dorcas denied the entire allegation and put the applicant to strict proof which he failed.
During the trial, the Court ordered Dorcas by the Court to produce documents on her alleged renunciation of Ivorian citizenship.
But the MP challenged the court’s order, which compelled the applicant to initiate contempt proceedings against her after she allegedly failed to appear in court and provide the required documents proving her renunciation of the alleged dual citizenship.
Godwin Edudzi Tamakloe, counsel for the MP, pleaded with the court to strike out the contempt case and asked for forgiveness, noting his client had no intentions of disrespecting the orders of the court.
The lawyer for the petitioner, Bright Okyere Agyekum asked the court to award a cost of GHC 20,000 against the MP for disobeying the orders of the court and wasting their time before striking out the case of contempt.
The court presided by Justice Sedinam Agbemava subsequently struck out the case and awarded a cost of GH¢5000 against the MP after her lawyer pleaded his client could not afford the amount requested by the petitioner’s lawyer, noting that “things are hard.”