I strongly believe the dual nationality restriction should be done away with as far as parliamentary elections.
However, until that happens, it is what it is.
I understand filing of nominations closed on 19th October 2020. However per the Canadian renunciation certificate below, the former MP ceased to be a Canadian national on 26th November 2020, meaning he still held Canadian nationality when he filed prior to 19th October 2020, even though by the date of elections he was no longer was Canadian. And therein lies the rub. The operative issue appears to be your status on the date of filing of nominations and not the date of the election.
As for the argument that his date of application for renunciation in 2019 is also the effective date of renunciation, I cannot see its head or tail. The claim is that if you no longer wish to be a citizen nobody can force you to.
My not-so-humble view is that is an emotive argument. With renunciation of UK citizenship, for instance, you must demonstrate that you will not become stateless upon renunciation and that you remain entitled to another country’s nationality, among others. Your application will be refused if you fail to meet the conditions.
It is just like falling out of love with your spouse and applying for divorce. Until you are granted the divorce you remain married and cannot remarry even though the marriage is dead and you are factually separated. Your divorce date will be the date it is granted, not when you filed your divorce petition.
Anyway I hear the former MP is to appeal, as it is within his rights. Let’s see how it pans out.
By: Rodney Nkrumah-Boateng