Zanetor’s application to be heard on May 19
The supreme court will on Thursday, May 19, 2016 give its judgement on an application filed by Dr Zanetor Agyeman Rawlings, the National Democratic Congress (NDC) parliamentary candidate for the Klottey Korley Constituency, challenging the jurisdiction of the High Court in hearing a case against her eligibility in this year’s parliamentary elections.
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The five-member panel, presided over by Mr Justice William Atuguba, fixed the date after the legal teams of the parties involved in the case on Tuesday made their oral submission to support their respective cases.
Other members of the panel are Mr Justice Gabriel Pwamang, Mr Justice Anin Yeboah, Mr Justice Anthony A. Benin and Mr Justice Yaw Appau.
Counsel for Dr Zanetor, Mr Eduwodzi Tamakloe, moved a motion seeking the apex court to quash a ruling by the High Court, presided over by Mr Justice Kweku Ackaah Boafo, which dismissed an earlier application by Dr Zanetor for the court to dismiss the suit against her.
He also prayed the court to prohibit the High Court judge from continuing to hear the substantive case.
Issues
According to Mr Tamakloe, the High Court judge erred in law when he assumed jurisdiction over a case involving the interpretation of a constitutional provision about the eligibility of a parliamentary candidate.
“In his ruling, the judge was seeking to compel the obedience of Article 94 (1a),” he said.
The said article talks about the qualification one needs to become an MP.
He also argued that the judge’s ruling was premature because Dr Rawlings had only declared her intention to contest as a MP.
“The Electoral Commission has not declared the parliamentary seat vacant,’’ he argued.
In making his case, Mr Gary Nimako Marfo, counsel for the plaintiff in the substantive case, Nii Armah Ashietey, told the court that the High Court had jurisdiction to hear the case because the NDC stated in its constitution that anybody vying to contest a parliamentary seat on the ticket of the party must satisfy the provisions of Article 91 (1a) of the 1992 constitution.
“Having read the ruling, therefore, we do not think the judge erred in law when he assumed jurisdiction of a matter that borders on the running of the NDC internal elections,’’ he said.
Suit
Nii Armah Ashitey, who is the incumbent MP for the constituency, is challenging the eligibility of Dr Rawlings.
In his suit at the High Court, he is claiming that Dr Rawlings is not a registered voter and, therefore, not qualified to be elected as the parliamentary candidate for the NDC.
His legal team is, therefore, asking the High Court to declare her election null and void and order a re-run between Nii Ashitey and another contender in the election, Nii John Coleman.