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THE REPUBLIC
V.
THE HIGH COURT, GENERAL JURISDICTION 6 EX-PARTE DR. ZANETOR A. RAWLINGS AND OTHERS

(2016) JELR 65487 (SC)

Supreme Court 19 May 2016 Ghana
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- The Supreme Court (majority) held that where a genuine issue of constitutional interpretation arises—here, the proper timing for qualification as a registered voter under Article 94(1)(a) of the 1992 Constitution—the High Court must stay

Case Details

Suit Number:CIVIL APPEAL NO. J5/19/2016
Judges:ATUGUBA JSC (PRESIDING), ANIN YEBOAH JSC, BENIN JSC, APPAU JSC, PWAMANG JSC
Counsel:GODWIN KODZO TAMEKLO ESQ WITH HIM MRS SANJA MORRISON MAHAMA, THEOPHILUS DONKOR AND REINDORF TWUMASI ANKRAH FOR THE APPLICANT; GARY NIMAKO MARFO ESQ. FOR THE 1ST INTERESTED PARTY., MAAME SANA BARTON - ODURO ESQ. FOR THE 2ND INTERESTED PARTY

JUDGEMENT

ATUGUBA, JSC:

The applicant, Dr. Zanetor Agyeman-Rawlings per her counsel moves this court for:

1. An order of certiorari to bring up the ruling of His Lordship KWEKU 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 application of article 94 (1) (a) of the 1992 Constitution;

2. An order of prohibition directed to His Lordship KWEKU T. ACKAH BOAFO J, of the High Court, General Jurisdiction 6, Accra restraining him from proceeding to hear the dispute between the Applicant and the Interested parties pending a decision in the instant application.

On the Ground that:

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 9…

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