Koforidua High Court convicts Akwatia MP for contempt

A Koforidua High Court, presided over by Justice Senyo Amedahe on Wednesday February 19, 2025 convicted Mr. Ernest Yaw Kumi, the New Patriotic Party (NPP) parliamentary candidate for Akwatia in the 2024 presidential and parliamentary elections for contempt.

 

Ernest Yaw Kumi, who had been sworn in as Member of Parliament for the above constituency, has been found guilty of disrespecting an injunction order restraining him from participating in the swearing-in ceremony as Member of Parliament for Akwatia on January 7, 2025.

 

The court has, therefore, issued an arrest warrant against Ernest Yaw Kumi, who failed to appear in court with a letter from the minority caucus of parliament explaining that he (Ernest Yaw Kumi) was busy attending to parliamentary business.

It would be recalled that, the court in January dismissed an application seeking to set aside an interim injunction barring the swearing-in of Mr. Ernest Yaw Kumi as the Member of Parliament-elect for Akwatia, pending the substantive case challenging the election results.

 

Background to the case

On January 3, 2025 the court issued an interim injunction preventing Ernest Yaw Kumi’s swearing-in, following a lawsuit filed by Henry Boakye-Yiadom, the NDC parliamentary candidate.

 

The lawsuit was against the Electoral Commission, Ernest Yaw Kumi and the Clerk to Parliament, challenging the election results, which declared Mr. Kumi of the NPP as the winner, with 19,269 votes against Mr. Boakye-Yiadom’s 17,206 votes.

But Gary Nimako Esq, lead counsel for Ernest Yaw Kumi, had argued that the injunction application and election petition were improperly filed.

 

He cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), to argue that such actions could only be initiated after the Electoral Commission gazettes the MP-elect or in cases involving corruption or criminal allegations.

In response, Isaac Minta Larbi Esq. counsel for the plaintiff, referenced Supreme Court rulings interpreting Section 16(1) of PNDC Law 284.

He argued that a petition could be filed once the election process is completed and the winner declared or gazetted.

 

 He cited publications by Ghana News Agency and Graphic Online where the EC announced it has gazetted 274 MPs-elect, including the Akwatia constituency.

Delivering the ruling on Monday January 6, 2024 Justice Senyo Amedahe upheld an argument by the Counsel for the plaintiff and dismissed the application to set aside the injunction.

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