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Ashietey files for judicial review

According to lawyers of the MP, they disagree with the ruling of the five member Supreme Court ruling on the 19th of May 2016 staying proceedings of the high court in their substantive case.
 
 

The legal team for incumbent Member of Parliament for the Klottey Korle constituency Nii Armah Ashitey have filed a suit for a judicial review on the ruling of the Supreme Court which stopped the hearing of his case challenging the eligibility of the NDC elected parliamentary nominee for the constituency Zanetor Rawlings at the high court.

According to them, they disagree with the ruling of the five member Supreme Court ruling on the 19th of May 2016 staying proceedings of the high court in their substantive case.

The Supreme Court in the last ruling stated that the judge 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.

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.

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According to her suit, the trial judge erred in law when he wrongfully assumed the jurisdictional role to interprete 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. Rawlings has since her election been fighting a legal tussle where incumbent member of parliament for the constituency Nii Armah Ashitey is in court 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 as at the time of primaries to contest as she was not a registered voter, an allegation which was confirmed by the Electoral Commission.

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