Supreme Court Rules On Ernest Kumi’s Case Against Koforidua High Court

The Supreme Court of Ghana has delivered its decision in the case of Ernest Yaw Kumi v. The High Court, Koforidua – Court 3, presided over by Justice Emmanuel Senyo Amedahe.

The case stemmed from events surrounding a parliamentary election petition and subsequent contempt proceedings, which Kumi contended were fraught with procedural irregularities and judicial bias.

The Supreme Court panel, composed of Justices Gabriel Pwamang, Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Anthony Kwofie and Richard Adjei-Frimpong ruled as follows:

Reliefs 1 and 2, which sought declarations that the original petition and related contempt proceedings were void, due to the absence of a Gazette notification and improper invocation of the High Court’s jurisdiction, were unanimously dismissed.

Relief 3, which requested an order of certiorari quashing several rulings and orders emanating from the said election petition, was granted by unanimous decision.

Reliefs 4 and 5, which sought to quash the contempt ruling and prohibit Justice Amedahe from sentencing Ernest Yaw Kumi, were granted by a 4:1 majority, with Justice Gabriel Pwamang dissenting. The court directed that full reasons for its decision will be filed at the Registry by July 7, 2025.

Background

The case was initiated by Ernest Yaw Kumi, who challenged the legitimacy of contempt proceedings instituted against him by the Koforidua High Court, following the filing of an election petition on December 31, 2024 prior to the publication of official election results in the Gazette.

Ernest Yaw Kumi’s legal team, led by Nana Nanyin Ackon and Bernard Bediako Badu (representing Boakye Yiadom), argued that the High Court’s conduct, particularly Justice Amedahe’s refusal to hear Counsel, due to procedural issues like non-filing of appearance, reflected bias and prejudice against the applicant.

They further claimed that the resulting contempt ruling on February 19, 2025, and prior interim injunctions issued on January 2 and 6 were all procedurally flawed and constitutionally unsound. Miracle Attachey appeared for the Electoral Commission in the matter.

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