Member of Parliament for Akwatia, Ernest Yaw Kumi, has escalated his legal battle to the Supreme Court, seeking to overturn a contempt conviction handed down by the Koforidua High Court on February 19.
The MP’s legal counsel, Gary Nimako Marfo, filed an application for certiorari and prohibition, challenging the ruling delivered by Justice Emmanuel Senyo Amadehe. According to the application, the High Court judge allegedly overstepped his authority by proceeding with a parliamentary election petition before the Electoral Commission officially published the election results in the Gazette.
Marfo argues that Justice Amadehe committed “a jurisdictional error of law apparent on the face of the record when he assumed jurisdiction in [the] Parliamentary Election Petition at Akwatia Constituency at the time when the Electoral Commission had not published the Gazette Notification of the results to which the Election relates in the Gazette.”
The conviction stemmed from Kumi’s alleged defiance of an interim injunction that barred him from being sworn into office as a legislator. Following this, Justice Amadehe issued a bench warrant for Kumi’s arrest after finding him in contempt of court.
However, Kumi’s legal team insists that the judge violated the principles of natural justice by proceeding with the contempt hearing while a motion to dismiss the application for lack of jurisdiction was still pending. The application states:
“The learned High Court Judge breached the rules of natural justice when he proceeded to hear and determine the Contempt application despite the pendency of Applicant’s Motion to set aside the said Contempt application for want of jurisdiction.”
The MP’s lawyers also allege bias on the part of Justice Amadehe, claiming that the judge was prejudiced against their client by denying the legal team a hearing. According to the application:
“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 their reliefs, Kumi’s legal team is urging the Supreme Court to declare the election petition filed by Henry Boakye-Yiadom on December 31, 2024, invalid due to the absence of an official Gazette notification. They argue that:
“The Petition filed by the 1st Interested Party [Henry Boakye-Yiadom] on 31st December 2024 in the absence of the Gazette Notification of the Parliamentary Election Results to which the election relates is incompetent, as same did not properly invoke the jurisdiction of the High Court, and that any Order founded on same is void and of no effect.”
In addition, they are requesting the Supreme Court to nullify both the contempt proceedings and the February 19 ruling:
“A declaration that the Contempt Proceedings and the Ruling dated 19th February 2025, founded on the premature election petition filed on 31st December 2024, is void and of no effect.”
In addition, they are requesting the Supreme Court to nullify both the contempt proceedings and the February 19 ruling:
“A declaration that the Contempt Proceedings and the Ruling dated 19th February 2025, founded on the premature election petition filed on 31st December 2024, is void and of no effect.”
The legal team is also seeking an order to quash the execution of the bench warrant issued against the MP:
“An Order quashing the Ruling delivered on the Contempt Application and the Execution of the Bench Warrant issued by the Court dated 19th February 2025, by His Lordship Justice Emmanuel Senyo Amadehe.”
The Supreme Court has yet to schedule a date for the hearing of the application.