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Supreme Court sets July 18 to interpret constitutional provision in Zanetor, Nii Ashitey case

The Supreme Court will on Monday, July 18, 2016 give an interpretation of a constitutional provision that requires a person to be a registered voter before qualifying to be elected as parliamentary candidate.

The interpretation is in view of a suit challenging the candidature of Dr Zanetor Rawlings as the National Democratic Congress (NDC) parliamentary nominee for Klottey Korley by the incumbent Member of Parliament, Nii Armah Ashietey.

The suit was filed at the High Court, but Dr Zanetor filed an application of certiorari at the Supreme Court challenging the jurisdiction of the High Court hearing the case.

The apex court in a 4-1 majority ruling delivered on May 19, 2016 upheld her application and stayed proceedings at the High Court, asserting that the court erred in law when it continued with the case after Article 94 clause 1 (a) became a bone of contention in the case.

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The court by virtue of the powers conferred on it by the constitution assumed jurisdiction over the constitutional provision and initiated a hearing to enable it interpret the said provision.

Background

Nii Armah Ashietey took the NDC and Dr Zanetor to the High Court, claiming that she was not a registered voter.

According to him, her election as a parliamentary candidate of the NDC violated the party’s constitution and, therefore, it was null, void and of no effect.

His legal team is seeking the court to declare her election null and void and order a re-run between him and another contender in the election, Nii John Coleman.

Written by Web Master

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