Supreme Court Grants Hearing to Akwatia MP in Contempt Case
The Supreme Court of Ghana, in a 4-1 majority decision, has ruled that Akwatia Member of Parliament (MP), Ernest Yaw Kumi, is entitled to a hearing in his contempt case. This verdict, delivered on March 12, 2025, marks a significant turn in the legal battle surrounding the legislator’s election and swearing-in process.
Dissenting Opinion & Adjournments
Justice Gabriel Pwamang was the sole dissenter in the ruling, while four other justices upheld the MP’s right to a fair hearing. The Supreme Court has scheduled the substantive case hearing for March 26, 2025, with the full ruling set to be released on March 21, 2025. The contempt case, which is directly linked to the main dispute, has also been adjourned to March 26.
Background of the Case
The legal battle stems from a February 19, 2025, ruling by the Koforidua High Court, which found Ernest Yaw Kumi guilty of contempt. The court convicted him after he allegedly defied an interim injunction that barred him from being sworn in as an MP. Following his absence at the sentencing, a bench warrant was issued for his arrest.
Kumi challenged the High Court’s authority by filing a motion for certiorari and prohibition, arguing that the judge overstepped jurisdiction by hearing the Parliamentary Election Petition before the Electoral Commission had officially gazetted the election results.
Legal Arguments by Ernest Yaw Kumi
The Akwatia MP made the following legal claims:
- The Parliamentary Election Petition filed by Henry Boakye-Yiadom on December 31, 2024, was premature since the results had not been gazetted, making all subsequent legal actions null and void.
- The contempt proceedings and ruling on February 19, 2025, were unlawful as they were based on an invalid petition.
- The interim injunction order issued on January 2, 2025, and the subsequent ruling on January 6, 2025, were illegitimate since they originated from an improperly filed petition.
Based on these grounds, he petitioned the Supreme Court to issue a certiorari to overturn the High Court’s decisions.
Implications of the Supreme Court’s Ruling
The Supreme Court’s decision to grant a hearing ensures that Kumi has the opportunity to defend himself against the contempt charge. Legal analysts believe this ruling could set a precedent for future election-related legal battles in Ghana.
What’s Next?
With the full ruling set to be released on March 21, 2025, and the contempt hearing scheduled for March 26, 2025, all eyes remain on the Supreme Court’s next move in this high-stakes case.