NIKIMOLA JACOB MAKINYE AND ANOR vs. ALHASSAN UMAR

RULING This is an application to dismiss the writ herein filed on the 12th of April 2017 with the following reliefs; I. A declaration that the defendant who owes allegiance to a different country other than Ghana (USA) is disqualified from holding the office of member of Parliament of Zabzugu constituency in the Republic of Ghana. II. An order of the court directed at the defendant compelling him to vacate the Zabzugu constituency in parliament. III. An injunction against the defendant restraining him from holding himself out as a member of Parliament for the Zabzugu constituency. The applicant grounded his application on section 16 and 18 of the Representation of the People Law, 1992 (PNDCL284), article 99(1) of the 1992 constitution as well as the terms of Order2 (2) of the High Court Civil Procedure Rules 2004, (CI 47), and argued that the writ was not commenced by the right procedure under the law and same was also commenced out of time. This motion to dismiss the writ w...