Akwatia MP Ernest Yaw Kumi Challenges Contempt Conviction in Supreme Court
The Member of Parliament for Akwatia, Ernest Yaw Kumi, has initiated legal proceedings at the Supreme Court to challenge a contempt of court conviction issued by the Koforidua High Court on February 19, 2025. This case has significant implications for parliamentary procedures and judicial oversight in Ghana.
Legal Grounds for the Appeal
Ernest Yaw Kumi, represented by his counsel Gary Nimako Marfo, has filed a certiorari and prohibition application. The MP argues that the Koforidua High Court overstepped its jurisdiction. Specifically, the contention is that Justice Emmanuel Senyo Amadehe committed a “jurisdictional error of law apparent on the face of the record” by assuming authority over the parliamentary election petition for the Akwatia Constituency before the Electoral Commission published the Gazette Notification of the election results.
Contempt of Court Allegations
Justice Senyo Amadehe convicted Kumi of contempt of court and issued a bench warrant for his arrest. This was due to Kumi’s alleged defiance of an interim injunction that barred him from being sworn in as a legislator. However, Kumi’s legal team asserts that the ruling was procedurally flawed and breached the rules of natural justice.
Procedural Flaws and Allegations of Bias
The MP’s legal team highlights several procedural issues:
- Violation of Natural Justice: The High Court judge proceeded with the contempt hearing despite a pending motion to set aside the application on jurisdictional grounds.
- Alleged Bias: The judge refused to grant the MP’s counsel an audience, citing the absence of a formal “Appearance” in the contempt proceedings.
Reliefs Sought by the MP
Kumi’s legal team is seeking several reliefs from the Supreme Court:
- Declaration of Premature Petition: They request a declaration that the election petition filed by Henry Boakye-Yiadom on December 31, 2024, was premature and thus incompetent due to the absence of the Gazette Notification.
- Voiding Contempt Proceedings: A declaration that the contempt proceedings and the ruling dated February 19, 2025, are void and of no effect.
- Quashing the Bench Warrant: An order to quash both the ruling on the contempt application and the execution of the bench warrant issued by Justice Emmanuel Senyo Amadehe.
Implications and Next Steps
The Supreme Court has yet to set a date for the hearing of this application. The outcome of this case could set a significant precedent for how election petitions and contempt of court cases are handled in Ghana.
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