The Supreme Court has granted a 4-1 majority decision to stay the High Court in Koforidua from sentencing Member of Parliament (MP) for the Akwatia Constituency, Ernest Yaw Kumi, 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, while the remaining four members of the panel approved the stay.
Background
In a motion on notice for an order of certiorari and prohibition, the MP, through his counsel, contended that the High Court judge committed a jurisdictional error by assuming jurisdiction over the Parliamentary Election Petition for Akwatia Constituency, as the Electoral Commission had not yet published the Gazette Notification.
The MP argued that the High Court judge breached the rules of natural justice by proceeding to hear and determine the contempt application despite the pendency of his motion to set aside the contempt application for lack of jurisdiction. Additionally, he claimed that the judge was biased and prejudiced against him, particularly when he refused to grant his counsel audience, citing the lack of a formal “Appearance” filing in the contempt case.
The MP sought a declaration that the petition filed by Henry Boakye-Yiadom, the first Interested Party (IP), on December 31, 2024, was incompetent, as it did not properly invoke the jurisdiction of the High Court in the absence of the Gazette Notification of the Parliamentary Election result. He further argued that any order based on this petition would be void and of no effect.
Mr. Kumi also sought 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 without legal effect.
Finally, the MP requested an order of certiorari from the Supreme Court to quash the Koforidua High Court ruling dated February 19, 2025, the petition filed on December 31, 2024, and the interim injunction order issued on January 2, 2025, as well as the ruling on January 6, 2025, made pursuant to the premature election petition.
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