KEY POINTS
- The Supreme Court halted the sentencing of Akwatia MP Ernest Yaw Kumi in a contempt case.
- Kumi argues that the High Court had no jurisdiction over the election petition.
- The final ruling will determine whether prior court orders remain valid.
The Supreme Court of Ghana has stayed the sentencing of Akwatia MP Ernest Yaw Kumi in a contempt case, granting a temporary reprieve until a final ruling is made on his appeal.
The decision, reached by a 4-1 majority vote, prevents the Koforidua High Court from proceeding with sentencing.
Justice Gabriel Pwamang dissented, while the other four judges agreed to grant the MP’s request to halt the contempt proceedings.
The ruling comes as Kumi challenges the High Court’s jurisdiction in handling an election-related petition filed before the official Gazette Notification of the 2024 parliamentary election results.
Kumi’s legal team argues that the contempt proceedings and prior rulings against him were invalid because they were based on an improperly filed petition.
MP challenges High Court’s handling of election case
Through his lawyer, Kumi contends that the High Court judge overstepped legal boundaries by hearing a case before the necessary election results were formally recognized.
He claims the judge violated natural justice principles by refusing to hear his motion to dismiss the contempt application.
Additionally, Kumi alleges bias, stating that the judge denied his lawyer an opportunity to speak in court due to a lack of formal appearance in the case. His legal petition seeks to nullify:
- The election petition filed on December 31, 2024
- The contempt ruling dated February 19, 2025
- The injunction orders issued in January 2025
According to Graphic Online, the MP insists that all court orders linked to the initial election petition should be considered void since the case was filed prematurely.
Supreme Court to decide on final ruling
With the Supreme Court stepping in, Kumi’s fate now rests on its final judgment regarding whether the High Court had jurisdiction over the matter.
If the Supreme Court sides with him, the contempt ruling and all related judgments will be overturned.
Meanwhile, legal analysts say this case could set a precedent for future election disputes, especially regarding the timing of legal challenges following parliamentary elections.
The ruling has also drawn attention from political and legal experts, with some questioning the role of the judiciary in electoral matters and whether due process was followed in handling the initial petition.
As the Supreme Court prepares for its final hearing, Kumi remains hopeful that his conviction will be overturned and that the High Court’s rulings will be dismissed entirely.
