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

(2016) JELR 65487 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J5/19/2016 ·  19 May 2016 ·  Ghana
CORAM
ATUGUBA JSC (PRESIDING), ANIN YEBOAH JSC, BENIN JSC, APPAU JSC, PWAMANG JSC
Core Terms Beta
constitution
court
supreme court
high court
trial judge
interested party
republic v high court
interested parties
lower court
registered voter
statement of claim
klottey-korle constituency
learned judge
meaning of article
constitutional provision
electoral commission
general jurisdiction
issue of interpretation
lower courts
parliamentary primaries of the national democratic congress
citizen of ghana
entire action
ex parte electoral commission
further response
honourable court
issue of interpretation of article
order of certiorari
order of court
order of prohibition
republic v maikankan
scope of application of article
time of the said contest
case-law
clear distinction
conceivable provision of the constitution
constitution provision
determination of the following questions
exercise of the supervisory jurisdiction
ex-parte akosah
facts of this case
following question
general jurisdiction accra
provisions
republic v special tribunal
role of the high court
such ambiguities

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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