The High Court in Accra will on February 4, 2016 hear an application praying it to strike out a suit filed against the National Democratic Congress’ (NDC) parliamentary candidate for the Korle Klottey constituency, Dr Zanetor Agyeman Rawlings.
Lawyers for Dr Rawlings are arguing that the suit, filed by the defeated parliamentary candidate for the Korle Klottey area, lacked merit and must, therefore, be dismissed.
At the court’s sitting in Accra yesterday, the court rejected an application by lawyers of Nii Armah Ashitey, the plaintiff, who had prayed the court to compel the Electoral Commission (EC) to respond to the suit.
The court was of the opinion that since the EC was a party to the suit, they should be properly served by Nii Ashitey and another plaintiff, Nii Johnson Coleman.
The presiding judge, Justice Kwaku Ackaah Boafo, cautioned counsel for the parties in the case to desist from discussing the case in the media until its final determination.
In the substantive suit, the plaintiffs are challenging Dr Rawlings’s legitimacy to contest for a parliamentary seat under the 1992 constitution.
The two, who both contested the NDC constituency primaries and lost to Dr Zanetor on November 21, 2015, are of the view that her participation in the election was unlawful since she was not a registered voter.
During the NDC’s primary on November 21, Dr Rawlings could not cast her ballot because her name was not found in the voters’ register.
It was then alleged that she was not a registered Ghanaian voter.
An Accra High Court on January 15, 2016, dismissed a case filed by some members of the NDC in the Korle Klottey constituency which sought to annul the results of the NDC’s parliamentary primary in the area for the same reasons.
The three, Joseph Narku Botchway, Jacob Amin and Reverend Michael Kwabena Nii Adjei Sowah, went to court to challenge the eligibility of Dr Zanetor Rawlings who they allege is not a registered voter.
The court, however, said the plaintiff did not demonstrate in anyway how their rights had been violated or would be violated.