The embattled National Democratic Congress Parliamentary Nominee for the Klottey Korle Constituency in the Greater Accra Region, Dr. Zanetor Rawlings, has filed a fresh suit at the Supreme Court seeking a restraining order to stop the judge hearing her case at a High Court.
Dr. Rawlings’ writ filed by her lawyer on Wednesday, is seeking “an order of prohibition directed to the His Lordship Kwaku T. Ackah Boafo J of the High Court…restraining him from proceeding to hear the dispute between the applicant and the interested parties pending a decision in the instant application.”
Dr. Zanetor has been dragged to court by the incumbent NDC MP for Klottey Korle, Nii Armah Ashietey over claims that she is not a Ghanaian registered voter. That claim, has since been confirmed by the Electoral Commission. Nii Ashietey has thus prayed the court to declare the election of Dr. Rawlings as null and void.
He also wants the court to order the NDC to re-run the primary in the area. Rawlings suffers several setbacks Meanwhile, attempts by Dr. Zanetor Rawlings to have the court dismiss Nii Ashietey’s plea failed after her two applications were dismissed by the High Court presided over by Justice Kwaku Ackah Boafo.
In the latest development, Dr. Zanetor through her lawyer, Godwin Kudzo Tameklo, is further seeking “an order of certiorari to bring the ruling of His Lordship Kwaku T. Ackah Boafo J, of the High Court, General Jurisdiction 6, dated 22nd 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.”
Her demand is premised on the following grounds:
1. The learned judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution holding that once the Applicant had put herself out as a contestant in the parliamentary primaries of the National Democratic Congress she was caught by Article 94(1)(a) which required that she was registered voter at the time of her participation in the primaries.
2. The learned judge erred in law when he wrongly assumed jurisdiction when the entire action was premature because the cause of action has not accrued.