Audio By Carbonatix
The Supreme Court has prohibited the High Court from hearing a suit challenging the candidature of NDC parliamentary nominee for Klottey Korle constituency, Dr. Zanetor Rawlings.
In a 4 -1 majority decision, the Supreme Court said the High Court judge erred in his interpretation of Article 94 (1)(a) of the constitution.
This article is at the heart of the legal drama surrounding the election of Dr. Zanetor Rawlings during the governing National Democratic Congress' parliamentary primaries in November last year.
The provision states: (1) Subject to the provisions of this article, a person shall not be qualified to be a Member of Parliament (MP) unless; (a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;
The incumbent Klottey Korle MP, Nii Armah Ashittey who went to court after losing the primaries, insists that Dr. Zanetor Rawlings was not a registered voter before the elections.
He wants the trial judge, Mr. Justice Kwaku T. Ackah Boafo to squash the entire process as illegal.
The judge ruled that once Dr. Zanetor had put herself up as a contestant, she was caught by Article 94(1)(a) which required that she must be a registered voter at the time of her participation in the parliamentary primaries.
Dissatisfied with the process, Godwin Tamakloe who is counsel for Dr. Zanetor Rawlings escalated the legal dispute to the Supreme Court last month.
According to the lawyer, the judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution.
The function of interpretation of the Constitution is a Supreme Court responsibility that should not have been exercised by the High Court judge, Zanetor's lawyer argue.
In a ruling Thursday, May 19, the Supreme Court has upheld the position of Zanetor’s lawyers.
Presided over by Justice Atuguba, the Supreme Court ordered a stay of proceedings at the apex court. It effectively takes over the case from the lower court.
The Supreme Court is now set to “determine when a citizen of Ghana by virtue of non-registration can be said to be disqualified from contesting as MP”.
The case has been adjourned to June 2, 2016.
Latest Stories
-
Politician Attorney General model is broken and no longer credible – Constitution Review Chair
1 hour -
Indonesians raise white flags as anger grows over slow flood aid
2 hours -
Why passport stamps may be a thing of the past
2 hours -
Pope Leo urges ‘courage’ to end Ukraine war in first Christmas address
2 hours -
Commentary on Noah Adamtey v Attorney General: A constitutional challenge to Office of Special Prosecutor
2 hours -
Ghana’s democratic debate is too insular and afraid of change – Constitution Review Chair
2 hours -
24/7 campaigning is a choice, not democracy – Constitution Review Chair
3 hours -
4 years is too short as Ghana lags behind global democratic standards – Constitution Review Chair
3 hours -
GOLDBOD CEO explains ‘Clear Typo’ in Foreign Reserves claim
5 hours -
Trump says US military struck ISIS terrorists in Nigeria
6 hours -
Newcastle stadium plans in limbo – Howe
8 hours -
Civil society group calls on BoG to suspend planned normalisation of non-interest banking
8 hours -
King Charles’ Christmas message urges unity in divided world
8 hours -
Jingle bills: Arkansas Powerball player strikes $1.8bn jackpot on Christmas Eve
8 hours -
Brazil ex-President Jair Bolsonaro’s surgery for hernia ‘successful’
8 hours
