Ruling: Court dismisses Zanetor Rawlings' no jurisdiction motion

An Accra High Court has dismissed a motion filed by Dr. Zanetor Rawlings challenging the court’s jurisdiction in a case where she has been sued over her eligibility to contest the Klottey Korle NDC parliamentary primary.

According to Dr. Rawlings’ lawyers, such constitutional matters should be left with the Supreme Court to interpret.

But the court on Tuesday ruled that it has jurisdiction and therefore threw out the motion.

The High Court also awarded 2,500 Cedis cost against Dr zanetor for wasting the court’s time.

The incumbent Klottey Korle MP Nii Armah Ashitey, who was defeated in the NDC primary, is challenging the propriety of the daughter of former President Rawlings to contest the seat on the ticket of the NDC since she is not a registered voter.

The Electoral Commission has confirmed that Dr. Rawlings is not a registered voter in Ghana.

Nii Armah

Nii Armah Ashitey

Nii Armah Ashietey went to court on January 19 2016 to challenge the eligibility of Dr. Zanetor Rawlings to be a parliamentary candidate for the NDC’s ticket.

The writ issued by Hon. Nii Armah Ashietey seeks the following reliefs:

a. A declaration that the decision by the NDC to allow Dr. Zanetor Rawlings to contest the parliamentary primaries in the Klottey Korle constituency on its ticket when she was not a registered voter within the meaning of Article 94(1)(a) of the 1992 constitution AT THE TIME OF THE SAID CONTEST violates the constitution and the internal regulations governing the conduct of parliamentary primaries of the NDC and same is illegal and of no effect.

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b. A declaration that Dr. Zanetor Rawlings’ election as a parliamentary candidate elect for the Klottey Korle constituency is null and void and is of no effect as same violates the constitution of the NDC and the rules governing the conduct of the 2015 parliamentary primaries.

c. An order of the court directed at the NDC for the re-run of the parliamentary primaries in the Klottey Korle constituency between the plaintiffs in accordance with its constitution and the regulations governing the conduct of the 2015 parliamentary primaries within one week of the annulment of Dr. Zanetor’s election

d. Any other Order(s) as the court may deem it

e. Cost including legal fees

Next hearing of the case has been scheduled for April 4 2016 at 11: 00 am

Below is the judgment

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Source: | Ghana