Supreme Court, Accra – The Supreme Court, in a 4-1 majority decision, has stayed the sentencing of Akwatia MP Ernest Yaw Kumi by the Koforidua High Court in a contempt case, pending the final resolution of a motion challenging the ruling. Justice Gabriel Pwamang dissented, while the remaining four justices upheld the stay.
Case Background
The MP, through his legal counsel, had filed a motion seeking an order for certiorari and prohibition, arguing that the High Court judge exceeded his jurisdiction in handling the Parliamentary Election Petition related to the Akwatia Constituency. He contended that the case was initiated at a time when the Electoral Commission had not yet published the Gazette Notification, making the petition procedurally flawed.
Furthermore, Mr. Kumi asserted that the judge breached principles of natural justice by proceeding with the contempt case while his motion to dismiss the application for lack of jurisdiction was still pending. He also accused the judge of bias, citing the refusal to grant his lawyer an audience on the grounds that counsel had not filed an official appearance in the contempt proceedings.
Legal Arguments and Relief Sought
Mr. Kumi requested a Supreme Court declaration that the petition, filed on December 31, 2024, by Henry Boakye-Yiadom, was invalid due to the absence of a Gazette Notification for the parliamentary election results. He argued that any rulings based on the petition were void and without legal effect.
Additionally, the MP sought an order nullifying the High Court’s February 19, 2025, contempt ruling, as well as prior court decisions, including an interim injunction issued on January 2, 2025, and a ruling delivered on January 6, 2025. He maintained that all these proceedings stemmed from an improperly initiated election petition.
With the Supreme Court’s latest ruling, the contempt sentencing remains on hold until a final decision is made on the motion challenging the High Court’s jurisdiction.
