THE REPUBLIC vs. THE HIGH COURT, GENERAL JURISDICTION 6 EX-PARTE DR. ZANETOR A. RAWLINGS AND OTHERS

Dr. Zanetor Agyeman-Rawlings contested the National Democratic Congress (NDC) parliamentary primaries for the Klottey-Korle Constituency held on 21 November 2015 and was declared the winner. The 1st Interested Party challenged her eligibility on the basis that she was not a registered voter at the time of the primaries, invoking Article 94(1)(a) of the 1992 Constitution and the NDC's internal regulations. The High Court ruled against Dr. Rawlings, holding that the court had jurisdiction to apply the constitutional provision and that the issue was not premature. Dr. Rawlings sought certiorari and prohibition against the High Court's rulings, alleging wrongful assumption of jurisdiction and premature hearing of the matter.

ATUGUBA, JSC: The applicant, Dr. Zanetor Agyeman-Rawlings per her counsel moves this court for: “1. An order of certiorari to bring up the ruling of His Lordship KWEKU T. ACKAH BOAFO J, of the High Court, General Jurisdiction 6, dated 22nd March, 2016 for the purpose of being quashed for wrongfully assuming jurisdiction to interpret and define the scope of application of article 94 (1) (a) of the 1992 Constitution; 2. An order of prohibition directed to His Lordship KWEKU T. ACKAH BOAFO J, of the High Court, General Jurisdiction 6, Accra restraining him from proceeding to hear the dispute between the Applicant and the Interested parties pending a decision in the instant application. On the Ground that: 1. The Learned Judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution holding that once the Applicant had put herself out as a contestant in the parliamentary primaries of the National Democratic Congress she was caught by articl.....