By Franklin ASARE-DONKOH
Ghana’s apex court, the Supreme Court (SC), at its sitting today, Wednesday, February 26, 2025, directed a High Court in Koforidua to halt the sentencing of the Member of Parliament (MP) for Akwatia, Mr. Ernest Yaw Kumi.
The apex court, in a 4-1 majority decision, stayed the Koforidua High Court from sentencing the embattled Akwatia lawmaker in a contempt case, pending the final determination of a motion seeking to quash the ruling.
In a motion on notice for an order of certiorari and prohibition, the Akwatia MP, through his counsel, argued that the High Court judge committed a jurisdictional error of law by assuming jurisdiction over the parliamentary election petition for the Akwatia Constituency at a time when the Electoral Commission (EC) had not yet published the Gazette Notification.
Counsel for the embattled MP further contended that the High Court judge breached the rules of natural justice by proceeding to hear and determine the contempt application despite the pending motion by Ernest Kumi to set aside the contempt application for lack of jurisdiction.
According to Mr. Kumi, the High Court judge was biased and highly prejudiced against him when, among other things, he refused to grant his counsel audience on the grounds that counsel had not filed an “appearance” in the contempt application.
The MP sought a declaration that the petition filed by Henry Boakye-Yiadom, the first interested party, on December 31, 2024, in the absence of the Gazette Notification of the parliamentary election results, was incompetent as it did not properly invoke the jurisdiction of the High Court. He argued that “any order founded on the same is void and of no effect.”
Mr. Kumi also sought a declaration that the contempt proceedings and ruling dated February 19, 2025, which were based on the premature election petition filed on December 31, 2024, were void and of no effect.
He prayed for an order of certiorari from the Supreme Court to quash the Koforidua High Court ruling dated February 19, 2025, the petition filed on December 31, 2024, the interim injunction order issued on January 2, 2025, and the ruling made on January 6, 2025, all of which stemmed from the premature election petition filed on December 31, 2024.
Justice Gabriel Pwamang dissented, while the four other members of the panel approved the stay.
