The Supreme Court has scheduled April 30, 2025, to deliver its ruling on an application by Akwatia Member of Parliament, Ernest Yaw Kumi, seeking to overturn an injunction that prevents him from serving as a legislator.
The legal dispute originates from a parliamentary election petition filed at the Koforidua High Court, leading to a series of contentious court proceedings.
Legal Dispute and High Court Ruling
Kumi, through his lawyer Gary Nimako Marfo, initially filed a certiorari and prohibition application at the Supreme Court on January 8, 2025. His application challenged a ruling delivered on January 6, 2025, by High Court Judge Emmanuel Senyo Amedahe, who had issued an interim injunction against him.
The MP’s legal team argued that the High Court improperly relied on an online news portal as a source regarding the Electoral Commission’s gazetted parliamentary results. They further contended that Kumi was denied a fair hearing as the High Court continued its proceedings despite a pending application for a stay.
In a separate legal move, Kumi’s counsel filed for Judge Amedahe’s recusal on February 5, 2025, citing concerns over impartiality. However, the request was dismissed the following day.
The situation escalated on February 19, 2025, when the High Court convicted Kumi for contempt, even though his challenge to the court’s jurisdiction was still pending.
Supreme Court Intervention
At the Supreme Court hearing, Marfo argued that Kumi had been denied the right to a fair trial before his contempt conviction. He referenced the precedent set in Rep v High Court Judge, Kumasi, Ex Parte Hanson Kojo Kodua (2015/2016) 2 SCGLR 135, which affirms a contemnor’s right to challenge a court’s jurisdiction even while facing contempt charges.
Opposing counsel Bernard Bediako Badu, representing petitioner Boakye Yiadom, did not strongly contest Kumi’s right to be heard but maintained that the MP had disregarded the High Court’s authority.
After reviewing the arguments, the Supreme Court ruled that Kumi could challenge his conviction and would be heard on the matter. The detailed ruling, including majority and dissenting opinions, is expected to be published by March 21, 2025.
