[1998]DLSC6420 • June 6, 1998 • Supreme Court •
MICHAEL YEBOAH vs. JOSEPH HENRY MENSAH
Joseph Henry Mensah was elected Member of Parliament for Sunyani East Constituency on 7 December 1996. Michael Yeboah filed a writ in the Supreme Court claiming Mensah was not qualified under Article 94(1)(b) of the 1992 Constitution to be a Member of Parliament for that constituency, alleging Mensah did not reside in the constituency and had lived in exile as a refugee less than two years prior to the election. Mensah contended he was eligible and that the writ was an improper election petition filed in the wrong forum.
read moreC. HAYFRON-BENJAMIN, J.S.C.: MR. JOSEPH HENRY MENSAH was on the 7th December, 1996 elected the Member of Parliament for the SUNYANI EAST Constituency in the nationwide Parliamentary elections. On the 25th February, 1997 the Plaintiff, Mr. Michael Yeboah, caused a writ to be filed in this Court invoking our original Jurisdiction in terms of Articles 2,94(1) and 130 of the Constitution 1992 and Rule 45 of the Supreme Court Rules 1996 (C.I. 16). The plaintiff claimed that MR. J.H. Mensah (Defendant) at the time of the election was not qualified or competent to become a Member of Parliament in terms of Article 94(1)(b) of the Constitution. The Defendant, while admitting that he hailed from the SUNYANI WEST Constituency nevertheless contended that he was eligible for election to the seat for the SUNYANI EAST Constituency and had been validly elected as such Member of Parliament for the constituency. The Defendant further contended that the Plaintiff’s action was incompetent as having .....