Ashitey’s review application fails
An application for a review of the Supreme Court decision to suspend a suit challenging the candidature of Dr Zanetor Agyeman Rawlings as the National Democratic Congress (NDC) parliamentary nominee for the Klottey Korley Constituency was yesterday struck out.
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That followed a prayer by Mr Gary Nimako Marfo, counsel for Nii Armah Ashitey, the incumbent Member of Parliament (MP) for the constituency, to withdraw the application.
Application
The MP filed the application asking the Supreme Court to review its 4-1 majority decision on May 19, 2016 to stay proceedings of the suit at the High Court until it determined a constitutional matter related to the case.
According to him, there was a miscarriage of justice because the apex court failed to take certain things into consideration.
He claimed Dr Zanetor misled the court in her application when she sought to quash a ruling on March 22, 2016 by the High Court to continue hearing the case by making reference to another ruling by the court on February 22, 2016.
He also claimed the court failed to consider the constitution of the NDC and the party’s internal rules governing the conduct of parliamentary primaries.
Difficulties
In moving the motion, however, Mr Marfo failed to convince the seven-member review panel, as he could not convincingly answer the questions thrown at him.
He argued that the case before the High Court was about a violation of the NDC constitution and its internal rules and not necessarily the 1992 Constitution.
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A member of the panel, Ms Justice Sophia Akuffo, disagreed with counsel and said the inclusion of Article 94 Clause 1(a) of the 1992 Constitution in the NDC constitution warranted the intervention of the Supreme Court to interpret the said article when it became a bone of contention.
Another member, Mr Justice A. A. Benin, also disagreed with counsel and asserted that the 1992 Constitution superseded the NDC constitution and, therefore, one could not talk about the constitution of the NDC without taking into consideration the 1992 Constitution.
“You must interpret the national Constitution before applying the NDC constitution,’’ he said.
Also disagreeing with counsel was Mr Justice Yaw Appau, who stated that there was the need for interpretation, as Nii Ashitey and Dr Zanetor had taken different positions as to what Article 94 1 Clause (a) of the 1992 Constitution meant.
“The applicant claims the said article takes effect when political parties organise primaries, while the respondent says it is when the Electoral Commission (EC) opens nominations. This, therefore, calls for interpretation,’’ he said.
Humble pie
As a result of the barrage of views from the panel which punched holes in his argument, Mr Marfo was made to eat humble pie by withdrawing the application.
“I have taken a cue from the bench. I, therefore, pray to withdraw the application and deal with the case which bordered on the interpretation,’’ he said.
What next
With the review application dealt with, the two sides are to submit their addresses for the highest court of the land to move on with the issue of interpreting Article 94 Clause 1(a).
The court will determine whether the said provision becomes operational during the primaries to elect parliamentary candidates or when the EC opens nominations for interested persons to file their papers to contest for parliamentary seats.
Background
Nii Ashitey took the NDC and Dr Zanetor to the High Court, claiming that she was not a registered voter.
According to him, her election as a parliamentary candidate of the NDC violated the party’s constitution and, therefore, it was null, void and of no effect.
His legal team is seeking the court to declare her election null and void and order a re-run between him and another contender in the election, Nii John Coleman.
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