Supreme Court Compels Ashitey To Withdraw Zanetor Review Application

The Supreme Court of Ghana, has struck out an application for a review, brought before it by Lead Counsel for the disgruntled Member of Parliament for Korle Klottey Constituency, Nii Armah Ashitey.

Lawyer Garry Nimako Marfo, on his own volition, withdrew the application for the review, praying The Court to interprete Article 94{1}, of The Constitution. The Bench, chaired by Justice William Atuguba, in his ruling, struck out the case, without liberty for a comeback.

Opening his defense, Counsel for the first applicant respondent, Lawyer Garry Nimakoh Marfo, sought The Court to consider the interpretation of Article 94{1} of the 1992 Constitution and that of The NDC’s Constitution. According to him, the internal laws governing the Korle Klottey Primaries of The NDC, was marred with errors, hence prayed The Court to consider the review.

Advancing his argument, he cited the case of The People’s National Party, in 1992 involving Penny and Egala . Lawyer Nimako Marfo, further stated that, if the words in the NDC’s Constitution are ambiguous, then, he believes it should be clarified on the basis of Article 94{1} of The Constitution.

According to the Bench, The Constitution supercedes The NDC’s Constitution hence if portions of The Constitution are lifted, it must be interpreted on the basis of the 1992 Constitution. The Bench further advised Political Parties, to be weary of lifting portions of the Constitution to form part of their party’s Constitution. In view of this, Lawyer Garry Nimako Marfo, on his own volition, withdrew his application before The Court.

But Lead Counsel, for The Respondent Applicants, Lawyer Godwin Tamakloe, earlier, had prayed The Court for cost incurred. In an interview with, he reneged his sudden application for the cost involved. He queried why the first Interested Applicant Respondent, Lawyer Garry Nimakoh Marfo, withdrew his application before The Court.

He further discounted assertions that, The NDC’s Constitution, requires a person to be a registered voter, before filing an application to contest an election in the party. He added that, is ready to battle Lawyer Garry Nimako Marfo, on the merit of the case.

Beaming with confidence, Lawyer Godwin Tamakloe, reiterated that his client, Dr. Zanetor Agyemang-Rawlings, still remains the Parliamentary Candidate elect, for Korle Klottey Constituency.

Source Obeng-Mensah

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