- Supreme Court grants stay of sentencing for MP Ernest Yaw Kumi
- Stay pending final determination of motion to quash contempt ruling
- MP challenges jurisdiction of High Court in election petition case
The Supreme Court has ruled in favor of a 4-1 majority decision to stay the sentencing of Ernest Yaw Kumi, the Member of Parliament (MP) for the Akwatia Constituency, in a contempt case. The stay will remain in effect pending the final determination of a motion seeking to quash the ruling.
Justice Gabriel Pwamang dissented in the decision, while the other four members of the panel approved the stay.
Background of the Case
In the motion on notice for an order of certiorari and prohibition, the MP, through his legal counsel, argued that the High Court in Koforidua had committed a jurisdictional error by assuming jurisdiction over the Parliamentary Election Petition for Akwatia Constituency. The MP contended that the Electoral Commission had not yet published the Gazette Notification, which was a necessary requirement for the case to proceed.
The MP further argued that the High Court judge had violated the rules of natural justice by hearing and determining the contempt application despite the pendency of his motion to set aside the contempt application due to lack of jurisdiction. Additionally, Mr. Kumi claimed that the judge had been biased and prejudiced against him, particularly in refusing to grant his counsel a hearing, citing the absence of a formal “Appearance” filing in the contempt case.
In his motion, the MP sought a declaration that the petition filed by Henry Boakye-Yiadom, the first Interested Party (IP), on December 31, 2024, was incompetent. Mr. Kumi argued that the petition had not properly invoked the jurisdiction of the High Court because the Gazette Notification of the Parliamentary Election result had not yet been published. He further contended that any order based on this petition would be void and without legal effect.
Moreover, Mr. Kumi sought a declaration that the contempt proceedings and ruling issued on February 19, 2025, based on the premature election petition filed on December 31, 2024, were void and of no legal effect.
Finally, the MP requested an order of certiorari from the Supreme Court to quash the Koforidua High Court ruling from February 19, 2025, as well as the petition filed on December 31, 2024, the interim injunction order issued on January 2, 2025, and the ruling on January 6, 2025, made in relation to the premature election petition.
