The Member of Parliament (MP) for Akwatia, Ernest Yaw Kumi, has filed an application for certiorari and prohibition at the Supreme Court, seeking to overturn his February 19 contempt of court conviction. In the legal filing, Kumi’s counsel, Gary Nimako Marfo, asserts that Justice Emmanuel Senyo Amadehe of the Koforidua High Court made a "jurisdictional error of law" by proceeding with the Parliamentary Election Petition for Akwatia Constituency before the Electoral Commission had published the Gazette Notification of the election results in the Gazette.
Justice Amadehe had previously convicted Kumi for contempt of court, issuing a bench warrant for his arrest due to his defiance of an interim injunction that prohibited him from being sworn in as a legislator. However, Kumi’s legal team argues that the High Court Judge violated the rules of natural justice by proceeding with the contempt proceedings while Kumi’s Motion to set aside the contempt application for lack of jurisdiction was still pending.
The application further accuses Justice Amadehe of exhibiting bias. Kumi’s legal team claims that the judge was prejudiced when he denied the MP's counsel the opportunity to be heard, citing the failure to file a formal “Appearance” in the contempt application as the reason for refusal.
As part of the reliefs sought, Kumi’s legal team is requesting the Supreme Court to declare that:
- "The petition filed by the 1st Interested Party [Henry Boakye-Yiadom] on December 31, 2024, in the absence of the Gazette Notification of the Parliamentary Election Results is incompetent and did not properly invoke the jurisdiction of the High Court. Any orders based on the petition are therefore void and of no effect."
Additionally, Kumi is seeking the following:
- "A declaration that the contempt proceedings and the ruling delivered on February 19, 2025, based on the premature election petition filed on December 31, 2024, are void and of no effect."
- "An order to quash the ruling made on the contempt application and the execution of the bench warrant issued on February 19, 2025, by Justice Emmanuel Senyo Amadehe."
The Supreme Court has yet to schedule a hearing date for the application.
Source; Citinewsroom
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