NDC MP for Assin North, James Gyekye has through his lawyers filed an application asking the Supreme Court to set aside an order given by the Cape Coast High court.
Mr. Gyekye’s eligibility to be an MP is being challenged by one Michael Ankomah over whether he owes allegiance to a country other than Ghana.
The High Court has since ruled that the issues of eligibility can be settled through legal arguments without requiring that it hears oral arguments and evidence from Mr. Gyekye and Mr. Ankomah’s legal teams.
Mr. Gyekye finds this unfair and contends that it is only the laws of Canada, a country he is alleged to owe allegiance to at the time of contesting the polls, that can determine at what specific time the renunciation of his citizenship took effect.
He believes this can be brought to the fore once the court listens to oral evidence.
He argues that the court opting for written legal arguments amount to a breach of his right to a fair hearing; barring him from making his case.
He also contends that the High Court lacks the power to determine at what point one ought not to owe allegiance to any other country before becoming MP: be it prior to nomination or before actual polls.
He is through his lawyer, Justin Pwavra Teriwajah asking that the Apex Court sets aside the orders of the High Court and proceed to rule on what time this allegiance issue must be settled.
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