Wednesday, August 03, 2016

Ghana: Supreme Court orders High Court to discontinue case against Dr. Rawlings

 
 
 
The Supreme Court has ordered the High Court to discontinue 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.

In a ruling Thursday, May 19, the Supreme Court has upheld the position of Zanetor’s lawyers. Mr. Godwin Edudzi Tamakloe had earlier argued that the judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution

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 is in court battling Dr. Zanetor Rawlings after losing the NDC primaries in that constituency. Nii Armah Ashittey wanted the court to annul the elections because he claims Dr. Zanetor was not a registered voter before the elections.

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.

The supreme court presided over by Justice Atuguba 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 whether Dr. Ezanetor Rawlings qualifies to contest the Klottey Korle seat for the NDC. The has case been adjourned to June 2, 2016.




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