Court dismisses Zanetor application


An Accra High Court has dismissed an application brought by counsel for the governing National Democratic Congress’ parliamentary candidate for Klottey Korle, Dr. Zanetor Agyeman-Rawlings, asking the court to strike out a suit filed by incumbent Member of Parliament Nii Armah Ashitey, in which the former questioned the voter eligibility of former President Rawlings’s daughter.

It is recalled that Mr Ashitey filed a joint suit with Nii Johnson Coleman at the Accra High Court praying the court to restrain Dr Rawlings from holding herself out as Parliamentary candidate for the NDC.

Mr Ashitey was defeated in the November 2015 primaries by Dr Rawlings but there are claims Dr Rawlings did not have a voter’s ID card, which is a requirement for one to be elected into the position of an MP.

Lawyer for Dr Rawlings, Eduzi Tameklo, subsequently filed an application asking the court to strike out the suit but the court on Monday February 22 dismissed the application.

Speaking to Class News, Mr Tameklo said he disagreed with the court’s decision.

“Yes my lord has spoken, that’s his decision, with respect to him we disagree. We will advise ourselves on what to do. My lord has just indicated that the matter should take its normal course. We are very much encouraged there are real substantive matters that we will address as we move on,” he said.

A few weeks ago, Mr Tameklo said the interlocutory injunction suit filed against his client was “dead on arrival”.

Mr Ashitey’s suit came days after Dr Rawlings’ voter eligibility was affirmed by an Accra High Court on Friday January 15.

Three plaintiffs: Joseph Narku Botchway, Jacob Amin, and Reverend Michael Kwabena Nii Adjei Sowah, who are all from the constituency, had filed a suit and prayed the court to declare Dr Rawlings’ election as parliamentary candidate null and void on grounds that she was not an eligible voter.

But the court said the plaintiffs did not demonstrate, with their arguments, how Dr Rawlings’ election violated their rights.

The three, in their suit prayed the court for answers to the following:

1. Whether or not Dr Zanetor Agyeman-Rawlings is a registered voter.

2. If so, when was the name entered on the National Biometric Voters’ Register.

3. The name of the Registration Officer.

4. The date of registration.

5. The time on which the name was entered on the roll as shown on the print out.

6. The registration centre name.

7. The registration code.

8. The constituency within which the registration took place.

9. The Voter’s Identify Card number of Dr. Zanetor Agyeman-Rawlings.

10. Biometric finger print.

11. The type of identification document used in the registration process.

12. Copies of Form 1C that captured the data.

13. Copies of Voter Register Form 1A

14. Whether Dr. Zanetor Agyeman-Rawlings’ name has been publicly exhibited on any provisional Voters’ Register.

15. If so when?

16. Please furnish the Court with the said Voters’ Register.

17. If the registration was during the limited registration period in 2014, a copy of the voter registration identification guarantee form.

18. Copies of the registration team details Form 2A.

19. Please furnish the Court with the final Biometric Voters’ Register showing Dr. Zanetor Agyeman-Rawlings’ name.

Similar concerns about Dr Rawlings’ eligibility had been expressed in the past by law firm Safo & Marfo @ Law, who wrote to the Electoral Commission seeking to ascertain whether Dr Rawlings was a registered eligible voter in Ghana.

Despite winning the primary, Dr Rawlings was unable to vote in last year’s polls because her name could not be traced on the register of voters.

That development raised issues about her eligibility as a voter, since the party’s Greater Accra regional chairman, Ade Coker, said the non-existence of one’s name on the register meant that person was not a registered voter since, according to him, the source of the NDC’s register of voters was the national register of the Electoral Commission.

Safo & Marfo @ Law, therefore, wanted the EC to ascertain her electoral eligibility. The private law firm made the following demands:

“1. Whether or not Dr. Zanetor (Zanetor) Rawlings is a registered voter within the meaning of Article 94 (1)(a) of the 1992 Constitution of the Republic of Ghana.”

“2. If so when was her name entered into the electoral register?”

The law firm also wanted a certified true copy of the voter’s register.

The search process initiated by Safo & Marfo came barely 24 hours after news broke of a suit against Dr Rawlings by ex-partner Herbert Mensah for custody over their two daughters.


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