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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