The Supreme Court has ordered for a stay of proceedings in the case at the High Court where the National Democratic Congress’ (NDC) Parliamentary nominee for the Klottey Korle Constituency, Dr. Zanetor Rawlings, is being challenged by the incumbent MP, Nii Armah Ashitey.
The order follows an application by Dr. Zanetor Rawlings, challenging the capacity of an Accra High Court to hear the suit challenging her eligibility.
According to the ruling, which was a four to one decision, the trial judge at the High Court erred in deciding on the case, a matter of constitutional interpretation, which is solely the mandate of the Supreme Court.
[contextly_sidebar id=”4fM9xHhZJR5wn3Sqog56J0yMIrLRq5pI”]The apex court also indicated that it will carry out its duties by interpreting the said constitutional provision.
Zanetor’s Supreme Court suit
Dr. Zanetor was seeking for an order of prohibition directed at the trial judge, Mr. Justice Kwaku T. Ackah Boafo from further hearing the matter.
According to her suit, the trial judge erred in law when he wrongfully assumed the jurisdictional role to interpret Article 94 (1) (a) of the 1992 Constitution.
Her lawyers contended that the function of the interpretation of the Constitution was done by the Supreme Court and not the High Court in the matter at stake.
Dr. Zanetor Rawlings has since her election been fighting a legal tussle where the incumbent NDC MP, for the constituency, Nii Armah Ashitey, is challenging her locus and capacity to represent the party in the 2016 parliamentary elections.
In his suit Mr. Ashitey claims Dr. Rawlings was not qualified to contest the primary since she was not a registered voter.
Zanetor Rawlings is now registered
Meanwhile Zanetor Rawlings in April quickly registered when the Electoral Commission opened the register for new voters in the limited registration exercise.
But lawyer for the incumbent MP, Gary Nimako, has said the sudden registration by Dr. Zanetor Rawlings in the limited voters’ registration exercise, will not exonerate her from any wrongdoing or bring the case to a close.
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By: Fred Djabanor/citifmonline.com/Ghana