The Koforidua High Court presided over by Justice Senyo Amedahe, has convicted Ernest Yaw Kumi, the New Patriotic Party (NPP) Parliamentary Candidate for Akwatia, for contempt of court.
This follows his defiance of an injunction order that barred him from being sworn in as a Member of Parliament for Akwatia on January 7, 2024.
The court has also issued a bench warrant for Ernest Yaw Kumi’s arrest, stating that he has been absent from court since the contempt proceedings began.
Earlier, the court rejected a letter from the Minority Caucus of Parliament, which claimed that Yaw Kumi was occupied with parliamentary duties and, therefore, unable to attend court.
Background
On January 3, 2025, the court issued an interim injunction preventing Ernest Yaw Kumi’s swearing-in.
This followed a lawsuit filed by Henry Boakye-Yiadom, the NDC Parliamentary Candidate,and former MP against the Electoral Commission (EC), Ernest Yaw Kumi, and the Clerk to Parliament.
The lawsuit challenges the election results, which declared Yaw Kumi the winner with 19,269 votes against Boakye-Yiadom’s 17,206 votes.
Despite the injunction, Yaw Kumi went ahead with the swearing-in on January 7, 2024.
In an earlier ruling in January, the court dismissed an application seeking to set aside the interim injunction.
The application, filed by Yaw Kumi’s legal team led by Gary Nimako Esq., argued that the injunction and election petition were improperly filed. Nimako cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), asserting that such actions can only be initiated after the EC gazettes the MP-elect or in cases involving corruption or criminal allegations.
However, counsel for the respondent, Bernard Bediako Baidoo Esq., led by Isaac Minta Larbi Esq., countered this argument, citing Supreme Court rulings that interpret Section 16(1) of PNDC Law 284.
He argued that an election petition can be filed once the election process is completed and the winner declared or gazetted. He also referenced Ghana News Agency and Graphic Online reports indicating that the EC had gazetted 274 MPs-elect, including Yaw Kumi.
Delivering his ruling on Monday, January 6, Justice Senyo Amedahe upheld the arguments of the plaintiff’s counsel and dismissed the application to set aside the injunction.
