By The Supreme Court has made a ruling. It will hear the case of Ernest Yaw Kumi. He is the embattled New Patriotic Party (NPP) Member of Parliament (MP) for Akwatia. This decision comes despite his contempt conviction by the Koforidua High Court.
Mr Kumi is before the highest court of the land with a certiorari application. He is urging the court to quash his contempt conviction by the High Court.
The High Court was presided over by Justice Senyo Amedahe. The court found the MP guilty of contempt. He allegedly disregarded an injunction order. The order was for him not to be sworn in as an MP. This was pending the determination of a petition challenging his election.
Before the Supreme Court could hear the certiorari application, it issued a directive. The court instructed the lawyers in the case to address the legal effect of granting a hearing. This applied to a contemnor who had yet to purge himself.
By law, a contemnor has no right to a hearing by a court. This is unless he or she has purged him or herself of the contempt. However, exceptions exist.
The Supreme Court made a majority decision of 4-1 yesterday. It determined that Mr Kumi’s case was within the remit of the exceptions. Therefore, the case should be heard.
The majority included Justices Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Anthony Kwofie, and Richard Adjei-Frimpong. Justice Gabriel Pwamang dissented.
The court said detailed reasons for the ruling would be available on March 21, this year.
The case had been adjourned to March 26. On that day, the court is expected to hear the merits of the certiorari application by the MP.
Argument
Counsel for the MP, Gary Nimako Marfo, made his submission. He argued that his client was not given a hearing at the High Court before his contempt conviction. Therefore, he must be allowed to contest the validity of his conviction at the apex court.
“This situation falls within the exception. This honourable court ought not to shut the door of justice to the applicant. It should afford him a hearing,” he said.
Justice Pwamang then asked counsel whether it was the case that he was not afforded a hearing. Or, was he given the opportunity and he did not take advantage of it.
Counsel simply replied that his client was not given a hearing at all.
Injunction
On January 3, 2025, the court issued an interim injunction preventing Mr Kumi’s swearing-in.
That followed a lawsuit by Henry Boakye-Yiadom. He is the National Democratic Congress (NDC) parliamentary candidate for the Akwatia Constituency and a former MP. The lawsuit was against the Electoral Commission (EC), Kumi, and the Clerk to Parliament.
The lawsuit challenged the election results that declared Mr Kumi the winner with 19,269 votes against Boakye-Yiadom’s 17,206 votes.
Despite the injunction, Kumi proceeded to be sworn in on January 7, 2025.
In an earlier ruling in January, the court dismissed an application by Kumi’s legal team. Mr Nimako led the team. They sought to set aside the interim injunction.
Conviction
In February this year, the court issued a bench warrant. This warrant was for the arrest of Mr. Kumi. The court found him guilty of contempt.
Justice Amedahe issued the order for a specific reason. It considered that the MP defied an injunction. The injunction barred him from being sworn in as a Member of Parliament (MP) on January 7, 2025.
The judge explained that Kumi had been absent from court since the contempt proceedings began. This prompted the issuance of the warrant for his arrest.
Justice Amedahe noted that throughout the hearing of the contempt case, Kumi failed to appear in person before the court.
The court also rejected a letter from the Minority Caucus of Parliament. The letter claimed that the MP was occupied with parliamentary duties. Therefore, they were unable to attend court.
