A United Kingdom-based lawyer, Kwaku Antwi-Boasiako has sued the Attorney General, the New Patriotic Party (NPP), the National Democratic Congress (NDC) and the Convention People’s Party (CPP) for allowing persons with dual citizenship to contest for positions in the various political parties.
The other Plaintiffs are Nana Otu Turkson, Kwadwo Owusu-Darko and Timothy Kpammah Birmingham.
The Plaintiffs are all Ghanaian citizens who are seeking the proper interpretation of Article 55(5), 55(8) and Article 94(2) (a) of Ghana’s 1992 Constitution at Ghana’s Supreme Court.
The Plaintiffs in their suit stated that it is unconstitutional for political parties particularly NPP, NDC and CPP to allow dual citizens to partake in political party elections and take decisions in such political parties both internally and externally.
The plaintiffs sought 14 reliefs and the true interpretation of certain articles of the 1992 Constitution that prohibits people with dual citizenship from contesting for political party positions.
The Plaintiffs aver that to all intents and purposes, all Ghanaian political parties and their international or external branches are inseparable to the extent that provisions of Articles 55(8) and 92(2) (a) apply equally to parties in Ghana and their external branches such that persons with dual citizenship shall not qualify for election or appointment as a leader, a member of the executives or as a founding member of NPP, NDC or CPP.
The Plaintiffs contended that any political party in Ghana and their external branches whose acts are inconsistent with Article 55(8) and 94(2) (a) of the Constitution act unlawfully, unconstitutionally and must be rendered null and void.
The Plaintiffs further aver that any political party which fails or refuses to observe or enforce Articles 55(8) and 94(2) (a) in its constitution or party structures acts unlawfully.
The Plaintiffs indicated that they have reasonable grounds to believe that permitting a person who owes allegiance to a country other than Ghana to be elected or appointed as either a founding member, a leader or a member of the executives of a political party’s external branch within a party structure is unconstitutional. .
The Plaintiffs further submitted that the above shows a justifiable constitutional basis to hold that persons who otherwise are not qualified to be elected or appointed as a founding member, leader, or a member of the executives of a political party in Ghana should not qualify to be elected or appointed as a founding member, a leader, or a member of the executives of the political party’s external branch within the party’s structures.
The Plaintiffs are seeking a declaration of the suspension of all political party elections for the party leaders or executives who owe allegiance to countries other than Ghana until the final determination of the case.
The plaintiffs prayed that the court undertakes a broad, liberal, generous and expansive interpretation to grant reliefs prayed for, in order to achieve the intent of the framers of the 1992 Constitution.
Source: GhanaJustice/S.Ayisi
