The Supreme Court has ruled that the High Court should stop proceedings of the case by the incumbent Member of Parliament for the Klottey Korle constituency, Nii Armah Ashitey challenging the candidature of NDC parliamentary nominee for the constituency, Dr. Zanetor Rawlings.
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Supreme Court takes over Zanetor's case from High Court
In a 4 -1 majority decision, the Supreme Court said the High Court judge erred in his interpretation of Article 94 (1)(a) of the constitution.
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This article is at the heart of the legal drama surrounding the election of Dr. Zanetor Rawlings during the governing National Democratic Congress' parliamentary primaries in November last year.
The provision states: (1) Subject to the provisions of this article, a person shall not be qualified to be a Member of Parliament (MP) unless; (a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter.
The ruling follows an application filed by Dr Zanetor Rawlings stating 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.
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The function of interpretation of the Constitution is a Supreme Court responsibility that should not have been exercised by the High Court judge, Zanetor's lawyer argue.
Per the ruling today, the Supreme Court is now set to determine when a citizen of Ghana by virtue of non-registration can be said to be disqualified from contesting as MP.
The has case been adjourned to June 2, 2016.
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