The Supreme Court, in a 4-1 majority decision, has ruled that Akwatia Member of Parliament (MP) Ernest Yaw Kumi is entitled to a Supreme Court hearing in a contempt case brought against him.
Justice Gabriel Pwamang dissented, while the remaining four justices on the panel supported the motion for the apex court to hear the matter.
The Apex Court has therefore adjourned the substantive case hearing to March 26, 2025.
The full ruling, according to the chair of the panel, will be made available on March 21.
The contempt of court hearing, which is an offshoot of the substantive case, has also been adjourned to March 26 for hearing.
The lawyer for eh first defendant said they do not regret the ruling.
Background
On Wednesday, February 19, 2025, the Koforidua High Court convicted the Akwatia MP for contempt after he defied an interim injunction barring him from being sworn in as a legislator. As a result, a bench warrant was subsequently issued for his arrest after he failed to appear before the court for sentencing.
In a motion for certiorari and prohibition, the MP argued through his counsel that the High Court judge made a jurisdictional error by assuming authority over the Parliamentary Election Petition for Akwatia Constituency before the Electoral Commission had published the Gazette Notification.
The MP sought a declaration that the Petition filed by Henry Boakye-Yiadom, the first Interested Party (IP), on December 31, 2024, was incompetent due to the absence of the Gazette Notification of the Parliamentary Election Result, rendering any order based on the petition void and ineffective.
Mr. Kumi also requested a declaration that the Contempt Proceedings and Ruling dated February 19, 2025, based on the premature election petition filed on December 31, 2024, were void and ineffective.
The MP petitioned the Supreme Court for a certiorari to quash the Koforidua High Court ruling dated February 19, 2025, the petition filed on December 31, 2024, and the interim injunction order on January 2, 2025, as well as the ruling on January 6, 2025, all stemming from the premature Election Petition filed on December 31, 2024.
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