The Sekondi High Court presided over by Justice Richmond Osei Hwere has fixed November 21, 2022 to give judgment in the case in which the eligibility of the Member of Parliament for Jomoro, Dorcas Toffey, is being challenged by one Joshua Kwofie.
The decision of the court followed the appearance of the last witness in the case, Dadje Rodrique, an Ivorian lawyer.
The latter testified on behalf of the defendant – Dorcas Toffey – in court yesterday. The following is what transpired in court when the Ivorian lawyer was cross examined.
Question (Q): How do you know the 1st respondent, Dorcas Toffey.
Answer (Ans): I got to know her when one day she came to my office with her Lawyer, and that was the first time I saw her.
Q: When was this?
Ans: It was last week.
Q: Did you vote in the 2020 parliamentary election of her constituency in Ghana
Ans: I have never voted in any election on any territory in Ghana, not to even talk of election in Jomoro
Q: So I will be right in saying that the matters of facts stated in your witness statement are fact that you supposedly acquired from 1st respondent. Not so?
Ans: It is true I am here as a Witness, but I am not an ordinary Lawyer in Cote D’Ivoire and my name is very important to me, so is my reputation and to me it will be dishonest if a client who is not a Lawyer to direct me to write my witness statement.
My Lord, she gave me the facts in the witness statement but she didn’t write the WS for me. I prepared the WS on the laws of Ivory Coast.
Q: Under Ivorien law, loss of Ivorian nationality can be by various modes. Is that not so?
Ans: Yes. There are two ways by which one can lose his or her nationality per Ivorian laws. There is distinction between renunciation of nationality and losing one’s nationality. The losing of one’s nationality is under Title 4 of the laws of nationality.
The title 5 speaks on renunciation of one’s nationality. In the title 4, Article 48 says that when one acquires a foreign nationality, he or she automatically loses his or her Ivorian nationality.
In this case, 1st Respondent acquiring Ghanaian nationality automatically makes her lose her Ivorian nationality. That she had obtained Ghanaian nationality, she lost her Ivorian nationality.
The only exception under Title 4, Article 48, is that when a young person is enlisted in the reserved army, I can be called to join the army when the country is at war.
Those in reserved list who have lost their Ivorian nationality by taking another nationality, the Ministry of Justice (MOJ) and the Ministry of Defense decides whether or not the person can regain Ivorian nationality.
The Title 5 speaks in the voluntary renunciation of Ivorian nationality-the principle is simple, where one renounces Ivorian nationality, you write a letter to the Ministry of Justice (MOJ) saying you will want to renounce your Ivorian nationality.
Article 57, 59, 60 and 62 provides for one to send a letter to the MOJ to obtain registration within six months. So the MOJ has within six months to decide to object to your registration and Article 62 puts finishing touches on that.
In this case, 1st Respondent sent her renunciation letter in January 2019 and she received her registration letter in March 2021. She wrote a second letter to confirm her renunciation of Ivorian nationality and received the registration on 12th April 2021.
She asked the MOJ to give her a certificate to prove that she has renounced her Ivorian nationality in a second letter and the MOJ gave a written answer in April 2021, entitled attestation.
She lost her Ivorien nationality the day she took Ghanaian nationality in a letter addressed by the Ivorian government in the attestation.
Q: Have you seen the letter you say 1st Respondent wrote in March 2021
Ans: Yes, and in my country when the MOJ confirms receipt of letter, it is enough.
Q: When did you see the 1st Respondent’s 2021 letter?
Ans: I saw it in my office when the Lawyer called
Q: And you can confirm that the information contained in the attestation is correct
Ans: For me it is correct.
Q: Now, Title 4 of the Ivorian nationality code covers article 48-56. Not so?
Ans: Yes
Q: Title 5 covers article 57-76, Not so?
Ans: Right.
Q: Title 4 labelled laws and forfeiture of Ivorian nationality. Not so?
Ans: Yes
Q: Title 4 in chapter 1 provide for the loss of Ivorian nationality by renunciation. Is that not so?
Ans: No. it’s only the loss of Ivorian nationality.
Q: Now if you read article 48 (2), which is under Chapter One of Title 4, it deals with loss of Ivorian nationality by renunciation. Is that not so?
Ans: It Is wrong. Article 48, 53, it is only by loss of Ivorian nationality by taking another nationality. There is no renunciation in this chapter.
Q: Article 54, 56 under Chapter 2 of Title 4 provides for how the person, who is losing his or her Ivorian nationality.
Ans: It is wrong.
Q: Lose Ivorian nationality by forfeiture. Is that not so?
Ans: That is so my Lord
Q: Title 5 provides for the steps that must be taken when there is acquisition or loss of Ivorian nationality. Is that not so?
Ans: You are completely wrong. Title 5 is a case of for voluntary renunciation by Ivorian nationality. There are three situations. Title 4 chapter 1 deals with loss of Ivorian nationality by taking another. In this chapter……..
Q: For both article 4 and 5, there must be a declaration by the person losing his or her Ivorian nationality.
Ans: It is wrong. Title 4 chapter 1, which is losing Ivorian nationality by taking another, you don’t have to write any letter and there is no article that provides that you will have to write a letter. It is automatic.
Q: So if I understand you, your understanding of article 48 is that the loss of Ivorian nationality can be by a word of mouth and not by writing?
Ans: If you take another nationality and the government knows this information, you lose your nationality.
Q: The declaration has to be made before a presiding judge, a magistrate of the jurisdiction, the Declarant has a residence. Is that not so?
Ans: The law does not provide any conditions for declaration
Q: That declaration when made has to be registered by the MOJ. Is that not so?
Ans: In chapter 4 article 48, there are no conditions
Q: Ivorian law under Title 4 also makes provision in article 49 and 52 for the loss of Ivorian nationality by an Ivorian who has dual nationality. Is that not so?
Ans: You cannot miss the two articles. It is separate situations and Article 49 answers Article 48.
Q: So you agree with me that both Articles 49 and 52 deal with the situation where an Ivorian has dual nationality or professes to have dual nationality?
Ans: There is slight difference between both articles.
Q: For both article 49 and 52, there must be a decree. Is that not so?
Ans: Yes that is right.
Q: And you are aware that the 1st Respondent has for a long time had a Ghanaian passport?
Ans: I don’t know.
Q: Are you also aware that 1st Respondent has been a Ghanaian since 1972.
Ans: I don’t know.
Q: I am putting it to you that 1st Respondent has been a dual national of Ghana from 1972. So your opinion about the state of Ivorian law in relation to her circumstances is incorrect.
Ans; By Article 48, you lose your Ivorian nationality by taking another nationality.
Q: Did the 1st Respondent show you any decree by Ivorian authorities in respect of the laws of Ivorian nationality?
Ans: No, because she does not need a decree. The decree is in article 52, 49 and she does not fall within that category of the two articles.
Q: I am putting it to you finally that you, your own understanding of Title 4,5 in the Ivorian nationality code is wrong.
Ans: It is correct.
After the cross examination, the Electoral Commission (EC) Counsel also led his witness into the box, where his witness statement was adopted by the court as evidence in chief.
