The Supreme Court has suspended a High Court case between incumbent Member of Parliament for the Klottey Korley Constituency, Nii Armah Ashitey, and Dr Zanetor Rawlings, until it can determine a constitutional matter involved in the case.
In a 4-1 majority decision, the apex court ruled that the High Court erred in law when it assumed jurisdiction over Article 94 clause 1(a) of the 1992 constitution, which states that a person must be a registered voter before he or she can contest as a Member of Parliament.
The Supreme Court therefore suspended the case at the High Court to determine whether the said constitutional provision becomes operational when a person declares his or her intention to be an MP at the primaries level or whether it is when the Electoral commission opens nominations and the person files the relevant documents, according to a report by the graphic.com.gh.
Dr Zenator filed the application at the Supreme Court, praying the court to stop the trial judge, Mr Justice Kwaku T. Ackah Boafo from further hearing the matter.
According to her, the judge erred in law when he wrongfully assumed the jurisdictional role to interpret Article 94 (1) (a) of the 1992 Constitution.
In today’s ruling, the Supreme Court gave the parties involved in the case two weeks to file their submissions, according to the report.