Supreme Court dismisses Nii Ashietey’s review motion
The Supreme Court on Wednesday dismissed a review motion filed by Nii Armah Ashitey, the incumbent Member of Parliament for the Klottey Korley Constituency.
Nii Ashietey is contesting the eligibility of the party’s parliamentary nominee for the constituency, Dr Zanetor Rawlings and at the last adjourned date, filed an application for judicial review of the Supreme Court’s ruling stopping the hearing of the case at the High Court.
The dismissal of the application follows the withdrawal of the application by the Nii Ashitey’s lawyer, Mr Gary Nimako, after the Supreme Court questioned the bases of the suit.
The seven-member panel presided over by Justice William Atuguba struck out the case as withdrawn without the liberty to reapply. It said Mr Nimako should have waited for the interpretation of the Article 94 (1) A by the court before applying for a review.
It said “the review motion is needless as the case before the court clearly presents a case for the interpretation of article 94(1) of the 1992 constitution. The earlier ruling was simply to stay proceedings at the High Court in order to interpret article 94 (1) and refer the matter back to the High Court for continuation”
Meanwhile Dr Zenator’s lawyer, Mr Godwin Tamakloe, told the court that they have filed their addresses for the interpretation of Article 94(1) of the constitution, while Mr Nimako is yet to do so.
Nii Ashietey who lost to Dr Rawlings last year had gone to court challenging his defeat in the November 11, 2015, primaries citing constitutional breaches.
According to Nii Ashietey, Dr Rawlings did not qualify to be elected as the parliamentary nominee since at the time of the contest she was not a registered voter.
This, he said, was a serious constitutional breach.
Source: GNA