The Supreme Court yesterday set June 2, to commence hearing on the eligibility of Dr. Zanetor Agyemang-Rawlings in contesting the parliamentary seat of the Klottey Korle Constituency on the ticket of the National Democratic Congress (NDC).
Consequently, the court, by a 4-1 majority decision ordered the Accra High Court, General Jurisdiction ‘6’ to temporary discontinue with the hearing of the substantive case before it, until the final determination of an application for an order of certiorari filed by Dr. Zanetor-Rawlings, restraining Justice Kweku Ackah Boafo from proceeding with the contentious case before him.
The judges on the majority side were Justices William Atuguba (President) A. A. Benin, Yaw Appau and Gabriel Pwamang, with Mr. Justice Anin Yeboah dissenting.
According to Mr. Justice Atuguba, the Supreme Court would delve into the constitution to find out when “can it be properly said that a Ghanaian voter is not qualified to contest an election”.
He asked Nii Armah Ashiettey and Dr. Zenator Rawlings to file their respective submission within two weeks simultaneously, adding that “Election matters should be expeditiously dealt with.”
Mr. Justice Yeboah for his part, said that the judgement of Justice Ackah Boafo delivered on March 22, declaring Dr. Zanetor unqualified to have participated in the parliamentary primary because she was not a registered voter at the time and that her action contravened Article 94 (1) (a) of the 1992 Constitution and that the judge, did not err in his judgement.
According to Justice Yeboah, the Supreme Court should not be seen to be doing the work of the inferior courts when people at the least opportunity, rushed to the Supreme Court to seek redress when the lower courts were also capable of handling the issues at stake.
By Castro Zangina-Tong