Lawyer for National Democratic Congress parliamentary nominee for Klottey Korle, Dr Zanetor Rawlings, wants the Supreme Court to bar High Court judge, Ackah-Boafo, from hearing a case concerning her candidature.
According to Dr Zanetor's lawyer, Godwin Tamakloe, the judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution, a report by myjoyonline.com said on Tuesday.
The lawyer says the function of interpretation of the Constitution is a Supreme Court responsibility that should not have been exercised by the High Court judge, the report said.
The judge had ruled that once Dr Zanetor had put herself up as a contestant, she was caught by Article 94(1)(a) which required that she must be a registered voter at the time of her participation in the parliamentary primaries last November.
Nii Armah Ashietey, the incumbent Member of Parliament who lost to Dr Zanetor in NDC primaries last year, had gone to court challenging Zanetor's victory on November 11, 2015, primaries citing constitutional breaches.
According to Mr Ashietey, she did not qualify to be elected as the parliamentary nominee since at the time of the contest she was not a registered voter in the country.
Dr Zanetor is, therefore, seeking a restraining order to stop the trial judge from hearing the case at a High Court.
She was compelled to petition the Supreme Court after the High Court on two occasions dismissed her application for the case to be thrown out and on the second occasion awarded cost against them, the report said.
The court has adjourned the case to April 19 for a ruling.