Embattled Member of Parliament for the Klottey Korley constituency, Nii Armah Ashietey, has filed an application for judicial review of the Supreme Court’s ruling stopping the hearing of his case at the High Court.
Mr. Ashietey challenged the eligibility of the National Democratic Congress (NDC) elected parliamentary nominee for the constituency, Dr. Zanetor Rawlings at the High Court.
His lawyers say they hold a different view on the ruling of the five-member Supreme Court on the 19th of May 2016, hence, their decision to seek a review.
The ruling, which followed an application filed by Dr. Zanetor Rawlings, challenging the capacity of the High Court judge hearing the matter, stated that Justice Kwaku T. Ackah Boafo, erred by giving himself powers beyond what is due him, as he tried interpreting the constitution in his ruling on the 22nd of March.
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 in interpreting 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 Ashietey, 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 2016, registered when the Electoral Commission opened the register for new voters in its limited registration exercise.
But the 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.