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General News of Monday, 9 July 2001

Source: .

NDC MP to lose seat

The Tamale High Court, presided by Mr Justice R.T. Aninakwa, last Friday declared the election of Mr Samuel Nyimakan, the NDC Member of Parliament for the Wulensi Constituency, as null and void.

The ruling followed a petition filed by Mr Fuseini Zakari, a teacher at Wulensi in the Nanumba District against the election of Mr Nyimakan in the December 7 election. The court also awarded ?1 million cost in favour of Fuseini Zakaria.

The petitioner had claimed that Mr Nyimakan was not qualified to be elected an MP for the Wulensi Constituency since he was not a resident in the constituency nor had been resident there for a total period of five years in the 10 years immediately preceding December 7, 2000.

Zakaria also told the court that the respondent did not hail from the constituency, and accordingly prayed that Mr Nyimakan's election as MP be declared null and void.

Mr Justice Aninakwa, in pronouncing judgement, said that he was of the view that Mr Myimakan did not hail from the Wulensi Constituency since the evidence adduced by the petitioner and the admissions by the respondent, showed that he came from Saboba.

On the issue of residence, Mr Aninakwah said that the petitioner had stated categorically in his evidence that apart from the campaign period, Mr Nyimakan had never resided in the Wulensi Constituency.

The court, therefore, upheld the assertion that the respondent was not qualified by residence to stand as a candidate for the election to Parliament.