The Member of Parliament for Akwatia, Ernest Yaw Kumi, has filed a certiorari and prohibition application at the Supreme Court, seeking to overturn his contempt of court conviction issued on 19th February 2025.
The conviction, delivered by Justice Emmanuel Senyo Amadehe of the Koforidua High Court, also resulted in a bench warrant for Kumi’s arrest after he allegedly defied an interim injunction preventing his swearing-in as a legislator. Kumi’s legal counsel, Gary Nimako Marfo, argues that Justice Amadehe erred in law by assuming jurisdiction over the Akwatia Parliamentary Election Petition despite the Electoral Commission’s failure to publish a Gazette Notification of the election results.
The legal team contends that this omission rendered the petition filed on 31st December 2024 legally incompetent, as it failed to properly invoke the High Court’s jurisdiction.
The MP’s lawyers further accuse the judge of bias and violating natural justice principles by proceeding with the contempt hearing, even though a motion challenging the court’s jurisdiction was pending.
They assert that Justice Amadehe unfairly denied Kumi’s legal team a hearing, arguing, “The learned High Court Judge was biased and highly prejudiced against the Applicant when he, among others, refused to grant Counsel for the Applicant audience on the basis that Counsel had not filed ‘Appearance’ in the Contempt application.”
As part of its reliefs, Kumi’s legal team is urging the Supreme Court to declare the entire proceedings void, contending: “The Petition filed by the 1st Interested Party [Henry Boakye-Yiadom] on 31st December 2024 in the absence of the Gazette Notification is incompetent, and any Order founded on it is void and of no effect.”
Additionally, they seek an order to quash the contempt ruling and bench warrant issued on 19th February 2025. Meanwhile, the Supreme Court is yet to schedule a hearing date for the application.
