JOSHUA EMUAH KOFIE vs. DORCAS TOFFEY BONNYERE &THE ELECTORAL COMMISSION OF GHANA

The petitioner, Joshua Emuah Kofie, challenged the declaration of Dorcas Toffey Bonnyere as Member of Parliament for the Jomoro Constituency following the 7th December 2020 parliamentary elections. The petitioner alleged that the 1st respondent held Ivorian and American citizenships at the time of filing her nomination forms, rendering her ineligible under Article 94(2)(a) of the 1992 Constitution and related electoral laws. The petitioner sought declarations that the 1st respondent's election was null and void and an order for fresh elections. The 1st respondent denied holding American citizenship and asserted she had renounced her Ivorian citizenship in January 2019. The Electoral Commission (2nd respondent) maintained that the 1st respondent was qualified based on her statutory declaration at nomination.

J U D G M E N T Election and its related matters present a phenomenal sense of passion amongst considerable number of people in a democratic state. This explains the heightened interest in election petitions. However, misgivings about the outcome of judicial adjudication of electoral disputes is a regular feature in some jurisdictions. Ghana has had its fair share of such controversies in the aftermath of electoral litigations and other disputes. It is fair to state that as judges, we are undaunted by controversies in general because we are used to resolving them. Ultimately, it is fidelity to the law and fidelity alone that would vindicate the court. In this respect, I am inspired by the words of Osei-Hwere JSC of blessed memory in the Supreme Court case of Gyewu v Asare II (1991) 1WASC 169 where the eminent jurist once delivered himself thus, at page 186 of the Report: “A court of justice called upon to resolve a dispute, I repeat, must neither play the role of the ‘artful do...