Supreme Court to hear embattled Akwatia MP despite contempt conviction by High Court

The Supreme Court has ruled in favor of hearing applications filed by embattled Akwatia Member of Parliament, Ernest Yaw Kumi, despite his contempt conviction by the Koforidua High Court.

The ruling came after a five-member panel, led by Justice Gabriel Pwamang, deliberated on whether a contemnor who has not purged themselves of contempt could be granted an audience in court. 

In a 4:1 majority made up of Justices Prof. Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Anthony Kwofie, and Richard Adjei-Frimpong, with Justice Gabriel Pwamang dissenting, determined that Kumi was entitled to present his case. 

Lead counsel for Kumi, Garry Nimako Marfo, argued that his client had been convicted without a proper hearing in the High Court, emphasizing that fundamental justice required a review of the circumstances surrounding the conviction.

The controversy stems from Kumi’s decision to proceed with his swearing-in as an MP despite an injunction, leading the Koforidua High Court to find him guilty of contempt in February 2025. 

Following the ruling, he petitioned the Supreme Court to overturn the conviction. However, before addressing his appeal, he first needed to convince the court that he deserved a hearing despite the contempt charge.

Ernest Yaw Kumi, has filed a motion seeking an order for certiorari and prohibition, arguing that the Koforidua High Court had overstepped its jurisdiction in handling an election petition concerning the Akwatia Constituency. 

According to the MP, the court took up the case before the Electoral Commission had officially gazetted the election results, which, in his view, rendered the proceedings premature.

Furthermore, the MP contended that the High Court judge violated principles of natural justice by continuing with the contempt proceedings despite the existence of a motion challenging the court’s jurisdiction. He also alleged bias, pointing out that the judge had denied his lawyer the opportunity to speak on the grounds that counsel had not officially entered an "Appearance" in the contempt application.

As part of his legal challenge, Kumi sought a declaration that the election petition filed by Henry Boakye-Yiadom on December 31, 2024, was invalid due to the absence of the gazetted election results. He argued that any judicial order based on that petition should be considered null and void.

Additionally, the MP requested that the Supreme Court set aside the contempt ruling issued on February 19, 2025, as well as other related court decisions, including an interim injunction placed on him on January 2, 2025, and a subsequent ruling on January 6, 2025.

This Supreme Court intervention effectively suspends any sentencing by the High Court until a final decision is reached regarding the motion to overturn its ruling.