The Supreme Court has, by a 4-1 majority decision, quashed the contempt proceedings and subsequent conviction of Ernest Yaw Kumi, the Member of Parliament for Akwatia, by the Koforidua High Court.
Justice Emmanuel Senyo Amedahe had convicted the MP for contempt and issued a bench warrant for his arrest.
Unhappy with the decision, the MP’s lawyers proceeded to the Supreme Court with an application for Certiorari and prohibition.
On Wednesday, a five-member panel of the Supreme Court, presided over by Justice Gabriel Pwamang, granted the application in part.
The court granted two out of the five reliefs sought, with Justice Gabriel Pwamang dissenting.
The majority decision effectively quashed the contempt conviction and prohibited the judge from further proceedings in the matter.
“An Order quashing the Ruling delivered on the Contempt Application and the Execution of the Bench Warrant issued by the Court dated 19th February, 2025 by His Lordship Justice Emmanuel Senyo Amadehe.
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“An Order of Prohibition against His Lordship Justice Emmanuel Senyo Amedahe from proceeding to sentence the Applicant, Hon. Ernest Yaw Kumi pending thehearing and determination of the instant suit.”
Meanwhile, three of his following reliefs have been dismissed.
“A declaration that the Petition filed by the 1st Interested Party on 31st December, 2024 in the absence of the Gazette Notification of the Parliamentary Election Results to which the election relates is incompetent as same did not properly invoke the jurisdiction of the High Court and that any Order founded on same is void and of no effect.
“A declaration that the Contempt Proceedings and the Ruling dated 19thFebruary, 2025 founded on the premature Election Petition filed on 31s December, 2024 is void and of no effect.
“An Order of Certiorari by this Honourable Court quashing the Ruling of His Lordship Justice Emmanuel Senyo Amedahe sitting at the High Court 3, Koforidua dated 190 February, 2025, the Petition filed on 31st December, 2024, and the Interim Injunction Order dated 2nd January, 2025, and the Ruling dated 6th January, 2025 made pursuant to the said premature Election Petition, filed on 31st December, 2024.”
Source: Ghana/Starrfm.com.gh/Murtala Inusah
