An Accra High Court on Monday afternoon, dismissed an application by lawyers of Dr. Zanetor Agyeman Rawlings nicknamed “Osu Lagata” asking the court to rule among other things that Nii Armah Ashietey and Nii John Coleman did not have the capacity to challenge her eligibility to run in the NDC Klottey Korle Primaries.
The court was also prayed to throw out the two gentlemen on the basis that they had not exhausted the NDC Party internal mechanisms for dispute resolution, before bringing the matter to court.
But the court, presided over by Justice Kweku Ackah-Boafo, held among other things that, both plaintiffs had capacity to challenge the eligibility of Zanetor to run in the Primaries, and that the plaintiffs, had exhausted the Party’s mechanisms for dispute resolution.
Justice Kweku Ackaah-Boafo, said the motion was without basis and ordered Zanateor Rawlings, and the NDC to open their defense in the matter.
The case has been adjourned to March 3, 2016, for the substantive case to be heard.
Nii Armah Ashietey, MP for Klottey Korle, and Nii John Coleman, both aspirants in the recently held NDC Primaries for Klottey Korle, have filed a writ against Zanetor, challenging her eligibility to participate in the Klottey Korle Primaries on the basis that she was not a registered voter in the Electoral Commission’s books.
In the suit, the two say, Zanetor Rawlings’ election was unlawful and wants the court to annul the November 21, 2015 primary.
By the decision of the court, Zanetor’s lawyers Messrs, Edudzie Tamakloe and Sanja Morrison, filed an application asking the court to throw out the writ.
They had joined the NDC and the Electoral Commission (EC) to the suit as first and third respondents respectively, with Dr Rawlings, being the second.
The decision of the court, means the EC, will have to respond to a subpoena, questioning whether Zanetor is an EC registered voter or not.
Speaking after the ruling on Monday, Nii Armah Ashietey, told pressmen that “the case is still before the court so I don’t want to comment on the substance thereof. I can only say that this is good for democracy and the rule of law for Klottey Korle, the NDC and the nation as a whole”.