The Supreme Court has set July 18, 2016 to deliver its judgement in the case in which Dr. Zanetor Agyeman-Rawlings, the National Democratic Congress (NDC) parliamentary candidate for Klottey Korle Constituency, is staying proceedings at an Accra High Court.
This follows the submission of the written addresses by the parties in the case as ordered by the five-member panel of judges presided over by Justice William Atuguba at its previous sitting.
At yesterday’s hearing, Gary Nimako Marfo, lawyer for Nii Armah Ashitey – the incumbent MP for the constituency who is challenging the capacity of Dr. Zanetor as the parliamentary candidate-elect for the area – said they rely on all documents filed in respect of the case on June 28, 2016.
Godwin Tamakloe, representing Dr. Zanetor, said they also would rely entirely on all processes filed in the case on June 2.
Justice Atuguba as a result, set the day for the judgement.
Last month the court in a four-one majority decision granted an application of Dr. Zanetor to stop proceedings at the high court to hear the suit challenging her eligibility as parliamentary nominee for the area.
The majority decision was by Justices William Atuguba, Ampah Benin, Yaw Apau and Gabriel Pwamang, with Justice Anin Yeboah dissenting.
According to the four, the High Court judge, Justice Kwaku T. Ackah Boafo, erred in law by wrongfully assuming the jurisdiction to interpret Article 94 (1) (a) of the 1992 Constitution.
They argued that the case was a matter of constitutional interpretation, which was solely the mandate of the Supreme Court.
The justices also held that the said ruling must be brought before the SC for it to be quashed.
Justice Yeboah in his minority opinion, said there was no ambiguity in the provision of Article 94 (1) (a), adding that the said Article was clear that a distinction ought to be drawn between constitutional interpretation and constitutional provisions.
Justice Yeboah noted that the applicant had failed to satisfy the SC that the High Court had breached the Constitution.
Dr. Zanetor was seeking an order of prohibition directed at Justice Ackah Boafo, restraining him from proceeding to hear the dispute between her and the interested parties.
The applicant, through her lawyer, Godwin Tamakloe, was further seeking “an order of certiorari to bring the ruling of the judge dated 22 March, 2016 for the purpose of being quashed for wrongfully assuming jurisdiction to interpret and define the scope of the application of Article 94 (1)(a) of the 1992 Constitution.”
Lawyers for the parties however, have two weeks to file their respective submissions for hearing to commence on the interpretation of the said Article on June 2.
Armah Ashietey dragged Dr. Zanetor to the high court after his defeat in the November 11, 2015 primaries, citing some constitutional breaches.
According to him, Dr. Zanetor did not qualify to be elected as the parliamentary nominee since at the time of the contest she was not a registered voter in Ghana.
This, he said, is a serious constitutional breach but lawyers for Dr. Zanetor believe the high court is not an appropriate forum to adjudicate the matter.
The defendant then dashed to the Supreme Court seeking a restraining order to stop the judge from hearing her case at a high court.
Meanwhile, Dr. Zanetor in April, quickly registered when the Electoral Commission opened the register for new voters in the limited registration exercise which was fraught with violence.
By Jeffrey De-Graft Johnson