Ernest Yaw Kumi
The Member of Parliament (MP) for Akwatia Constituency, Ernest Yaw Kumi, has appealed against the decision of the Koforidua High Court which convicted him for contempt of court and issued a warrant for his arrest.
The embattled MP has also filed an application seeking the court to stay the execution of his judgment and order, pending the determination of the appeal.
Deputy Minority Whip, Jerry Ahmed Shaib, who revealed this yesterday, indicated that the lawmaker filed an application to stay the execution of the bench warrant issued against him, pending the hearing of his appeal at the Supreme Court.
Conviction/Arrest
The Koforidua High Court presided over by Justice Senyo Amedahe, on February 19, 2025, convicted the Akwatia MP after finding him guilty of contempt of court.
This was after the MP, who according to court documents, defied the interim injunction placed on him by the court, by presenting himself to be sworn in as a member of the 9th Parliament on January 7, 2025.
The court had temporarily barred Mr. Kumi from presenting himself to be sworn in following a legal challenge against his election.
Justice Senyo Amedahe, the presiding judge, after convicting the MP in absentia, also issued a warrant for his arrest for failing to appear before the court for sentencing.
In spite of attempts by the Minority Caucus in Parliament to justify the absence of their colleague in court, the presiding judge was of the view that Mr. Kumi willfully disregarded the court’s authority.
The court did not accept the excuse that the MP was occupied with parliamentary duties, hence his inability to attend court.
The court cited evidence of willful defiance by the MP and, therefore, held that Mr. Kumi acted in contempt of court.
Mr. Kumi was restrained by the court from presenting himself to be sworn in due to the suit challenging his election.
Despite the pendency of the interim injunction, Mr. Kumi went ahead to take the oath of office in Parliament on January 7, 2025.
Certiorari Application
His lawyers later filed a suit at the Supreme Court seeking to set aside the interim injunction and also prohibit the judge from hearing any case relating to the MP.
They argue that the interim injunction was wrongly issued against their client, as the interim application was attached to a wrongful court process.
It is the case of the MP and his legal representatives that at the time the election petition was filed against his election, the results of the December 7, 2024 parliamentary election had not yet been gazetted, hence the suit was null and void.
However, the Supreme Court could not hear the matter as it turned out that the defendants and interested parties in the case were not served with the process.
A panel of five presided over by Justice Gabriel Pwamang subsequently adjourned the matter indefinitely.
BY Gibril Abdul Razak