Joshua Emuah Kofie, the petitioner who is challenging the eligibility of the Member of Parliament (MP) for Jomoro, has prayed the Court of Appeal to strike out the MP’s application for a stay of execution.
The opposition NDC MP, Dorcas Afo Toffey, had been ordered by a Sekondi High Court to produce documents of her renunciation of Ivorian citizenship but the MP said the trial judge was wrong in giving the order and appealed against the decision.
The petitioner is challenging the MP, Dorcas Afo Toffey, to produce documents showing that she indeed renounced her Ivorian citizenship before filing to contest the 2020 parliamentary election, at a Sekondi High Court.
The High Court recently ordered the Jomoro MP to produce her renunciation certificate in 10 days after the MP had admitted that she had an Ivorian citizenship but renounced it prior to contesting the last parliamentary election.
However, Ms. Afo Toffey filed a writ on June 29, 2021 praying the court to set aside the order by the Sekondi High Court.
On her grounds of appeal, the MP indicated that the Sekondi High Court presided over by Justice Dr. Richmond Osei Hwere, erred in law when he made the order to produce for inspection or copying the renunciation certificate of her Ivorian citizenship.
She noted that the High Court wrongly exercised its discretion in ordering her to produce the certificate of renunciation because she said the petitioner failed to establish the necessity for the production of the certificate.
She also stated that it was erroneous the misapprehension on the part of the High Court that the renunciation of citizenship must necessarily be documentary.
The petitioner has also responded to the writ filed by the MP, saying it is rather bizarre for the MP to try to evade the directive by the Sekondi High Court, to produce the document to prove her case.
He stated that contrary to the deposition in the MP’s affidavit in support, he is resolute that there has been no misplacement of the burden of proof by the Sekondi High Court as the appellant alleged.
The petitioner averred that the appellant, who has clearly indicated that she has indeed renounced her Ivorian citizenship in November 2019, should be able to adhere to the court’s orders to produce any such certificate of renunciation.
“The applicant has woefully failed to establish any exceptional and/or special circumstances, to warrant a stay of execution of the Sekondi High Court’s order to produce the document,” he further averred, adding “by reason of the matters aforesaid, I pray the court to dismiss the application as being not only frivolous and vexatious, but devoid of any merit.”