The Supreme Court has given the green light for Dr Zanetor Agyeman Rawlings to go ahead and hold herself as the elected Parliamentary nominee for the National Democratic Congress (NDC) in the Klottey Korle constituency of Greater Accra.
This means that when the Electoral Commission opens up nominations for contestants, she can go ahead and file as a candidate for the NDC in the upcoming Parliamentary elections.
In a 4-1 majority decision on Monday morning, the court said a person was only deemed a candidate after the Electoral Commission (EC) opens the opportunity for parties to submit the names of their nominees elected from their parties primaries and that has not happened yet hence the argument of her not being qualified cannot hold.
The court also directed the High Court to give a ruling in line with the determination by the Supreme Court.
Dr Rawlings beat the incumbent Member of Parliament for Klottey Korle, Nii Armah Ashietey in the NDC's parliamentary primaries last year.
But after the elections, Nii Ashietey argued that Dr Rawlings was not a registered voter at the time she contested and beat him and therefore could not hold herself as a candidate.
He consequently filed a suit at the High Court challenging her eligibility.
It emerged that Dr Rawlings was indeed not a registered voter at the time but she took advantage of the limited voter registration exercise in April to get her name on the electoral roll and consequently sought interpretation of article 94 (a) which talks about who qualifies to contest a parliamentary election.
In its ruling Monday morning, the five-member Supreme Court panel presided over by Justice William Atuguba ruled in her favour and said a person was deemed a candidate only after the EC had open nominations and certify applicants as candidates.
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