The National Democratic Congress (NDC) Member of Parliament for Klottey Korley Constituency, Nii Armah Ashietey has filed an application to discontinue the case against Dr.Zanetor Agyeman Rawlings and the party.
The notice of discontinuation of suit was filed on his behalf by, Gary Nimako Marfo, his counsel at the General Jurisdiction of an Accra High Court yesterday.
The notice informed the court to be informed that Nii Armah Ashietey had decided to discontinue the suit against Dr.Agyeman Rawlings and the NDC.
“Take notice that the plaintiff herein has discontinued the suit against the defendants”, it stated.
Speaking to the Ghanaian Times, lawyer for the plaintiff said, his client instructed him to file the notice, which he obliged.
On the reason behind such decision, Mr. Marfo said his client did not want it to be made public.
This followed a ruling by the Supreme Court on July 18, clearing Dr.Zanetor Rawlings to contest the seat pursuant to article 94(1).
However, they had an option to continue the substantive case which was then pending at the High Court.
The incumbent Member of Parliament, Nii Armah Ashietey, after he lost the parliamentary primaries to Dr. Zanetor Rawlings, filed a suit at an Accra Human Rights Court, challenging the eligibility of the latter.
However, counsel for the defendant (Dr.Zanetor Rawlings), later filed an ex-parte motion at the Supreme Court to order the High court to stay proceedings, following some alleged procedural errors.
Following this, the Supreme Court in a 4-1 majority ruled that Dr. Zanetor Rawlings could contest the Korle-Klottey Parliamentary seat on the ticket of the National Democratic Congress (NDC).
The panel, presided over by Justice William Atuguba, also directed the High Court hearing the substantive case to determine it in accordance with the ruling of the Supreme Court.
The article 94(1a) states “(1) Subject to the provisions of this article, a person shall not be qualified to be a Member of Parliament unless –(a) He is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;” the constitution avows.
Delivering its ruling which was read on behalf of the other four panelists, Justice Benin said the eligibility of a candidate comes to the fore, only when the Electoral Commission (EC), empowered to conduct and supervise public elections sets a date for aspirants to file their nominations.
The court said once the EC fixes the date, aspirants begin the processes to pick and file their nominations, adding that it has been the practices pursuant to article 94(1a) of the constitution.
By Edem Mensah-Tsotorme