After much ado on the much talked about Zanetor case, it seems she will have it her way this time
It won’t be wrong to say that the dynamism of Dr. Rawlings case is becoming tiring. But after much ado on the much talked about Zanetor case it seems she will have it her way this time, as the Supreme Court has prohibited the High Court from hearing the suit challenging the candidature.
The supreme court ruled that the high court erred when it assumed jurisdiction over Article 94 clause 1(a) of the 1992 Constitution, which states that a person shall not be qualified to be a Member of Parliament (MP) unless he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter. The Court ruled that the function of interpretation of the Constitution is a Supreme Court responsibility that should not have been exercised by the High Court judge.
It all started when the incumbent MP of the Klottey korle constituency who lost to Dr. Zanetor in the NDC Klottey Korle primaries filed a case at the high court. Ashietey had prayed the high court to declare the elections null and void on the ground that She (Zanetor) is not a registered voter at the time of the elections.
The high court presided by Justice Kwaku Baafo fined Zanetor for wasting its time on finding out she was not a registered voter. However Zanetor’s lawyers whom were unsatisfied with the rulings of the high court filed a case at the Supreme Court praying it to review the rulings of the high court.
According to the supreme court ruling which was a 4-1 majority decision, the high court erred in deciding on the case, which is a matter of constitutional interpretation, and solely the mandate of the Supreme Court. Presided over by Justice Atuguba, the Supreme Court ordered that the case remained at the apex court which will determine when a citizen of Ghana by virtue of non-registration can be said to be disqualified from contesting as MP. The case was adjourned to June 2, 2016.
Meanwhile, Zanetor during the limited registration exercise, registered as a voter, which leaves us wondering what dimension the supreme court case would take.