The Supreme Court has, by a 4-1 majority decision, ruled that it will hear the applications filed by the embattled Member of Parliament for Akwatia, Ernest Yaw Kumi, despite his contempt conviction by the Koforidua High Court.
This was after the panel of five presided over by Justice Gabriel Pwamang heard submissions from lawyers in the case to address the apex Court on the legal effect of granting a hearing to a Contemnor who had not purged himself out of contempt.
Per the law, a contemnor is generally not entitled to be heard unless he or she has purged themselves of the contempt, despite exceptional circumstances.
In Court on Wednesday, March 12, 2025, the apex Court ruled in a 4-1 majority decision that the embattled MP is entitled to be heard on his applications.
With Justice Gabriel Pwamang dissenting, Justice Prof. Henrietta Mensa-Bonsu, Justice Ernest Gaewu, Justice Henry Anthony Kwofie, and Justice Richard Adjei-Frimpong ruled that he should be heard.
Garry Nimako Marfo, lead Counsel for the embattled MP argued that considering that the background leading to the conviction of his client, it was clear that the applicant was not heard by the High Court.
While lawyers of the First Interested Party (Henry Boakye Yiadom, NDC Parliamentary Candidate), Bernard Bediako Baidoe, left the matter to the apex Court to decide.
Counsel for the 2nd Interested Party (Electoral Commission), Justine Amenuvor, drew the Court’s attention to its earlier ruling on the Mandamus ruling in December in the disputed Parliamentary election cases.
It would recalled that, in February 2025, the Koforidua High Court found the Akwatia MP guilty of contempt for disregarding an injunction and proceeding with his swearing-in as MP.
Following his conviction, he had filed processes challenging the ruling at the Supreme Court.
But, first had to convince the court that he deserved to be heard despite the contempt conviction.
