NPP seeks Supreme Court intervention to stay Akwatia election dispute proceedings

The Member of Parliament for Akwatia under the New Patriotic Party (NPP), Ernest Kumi, has gone to the Supreme Court, requesting a suspension of ongoing proceedings at the Koforidua High Court. 

The case, involving Hon. Henry Boakye-Yiadom vs. Ernest Kumi & 2 others and Rep vs. Ernest Kumi , is currently being heard by Justice Emmanuel Senyo Amedahe.

Kumi in his latest motion filed on Tuesday, February 11, 2025 avers that despite the Supreme Court being notified of his Certiorari and Prohibition application, the High Court 3 in Koforidua continues to hear the case. 

He emphasizes that Justice Amedahe is disregarding the Supreme Court’s jurisdiction by proceeding with the matter.

Previously, the MP initiated legal action at the Supreme Court seeking to overturn a ruling by the Koforidua High Court. That ruling had initially placed an interim injunction on his swearing-in as MP and later dismissed his legal team's attempt to have the injunction set aside.

Kumi’s Argument

According to Kumi, once the High Court was made aware of the Supreme Court application, it should have refrained from continuing the case until the higher court’s decision was issued.

He further stated that although the application for Certiorari and Prohibition was highlighted in a Stay of Execution application filed on January 10, 2025, the High Court still proceeded to grant an order for substituted service in a contempt application on January 22, 2025.

Given these circumstances, Kumi is urging the Supreme Court to direct Justice Amedahe to halt any further proceedings on the case until the Certiorari and Prohibition applications are fully determined.

The Legal Dispute

The controversy stems from a ruling by Justice Amedahe, which emphasized that only individuals whose names have been officially forwarded to the Clerk of Parliament—based on Electoral Commission (EC) gazetted results—can be sworn in as MPs. Kumi’s swearing-in was challenged on the grounds that his election process was still being contested in court.

However, Kumi contends that the High Court overstepped its jurisdiction by hearing an election petition from the National Democratic Congress (NDC) candidate, Henry Boakye-Yiadom, when the EC had not yet published the official gazette notification of results. He argues that granting an injunction against his swearing-in without notifying him violated natural justice principles and unfairly impacted him and his constituents.

Additionally, he claims that the judge’s reliance on online news reports and outdated legal provisions to justify the supposed gazetting of election results demonstrated bias and legal errors.

Reliefs Sought

In response, Ernest Kumi is seeking four key reliefs from the Supreme Court:

1. A declaration that Boakye-Yiadom’s election petition, filed on December 31, 2024, was invalid due to the absence of a gazette notification, rendering all resulting court orders void.
2. An order of prohibition preventing Justice Amedahe from further handling the case due to lack of jurisdiction.
3. An order of certiorari to annul the January 6, 2025 ruling, the December 31, 2024 petition, and the January 2, 2025 interim injunction issued by the High Court.
4. Any additional orders the Supreme Court deems necessary.