Supreme Court halts sentencing of Akwatia MP by Koforidua High Court
By DL News
Published
1 min read
This decision will remain in effect until a final determination is made on a motion challenging the High Court's ruling.
The Supreme Court has, in a 4-1 majority ruling, placed a hold on the sentencing of Akwatia Member of Parliament, Ernest Yaw Kumi, in an ongoing contempt case.
This decision will remain in effect until a final determination is made on a motion challenging the High Court's ruling.
Justice Gabriel Pwamang stood in dissent, while the remaining four justices on the panel voted in favor of suspending the High Court's proceedings.
Case Background
Ernest Yaw Kumi, through his legal counsel, had filed a motion seeking an order for certiorari and prohibition, arguing that the Koforidua High Court had overstepped its jurisdiction in handling an election petition concerning the Akwatia Constituency. According to the MP, the court took up the case before the Electoral Commission had officially gazetted the election results, which, in his view, rendered the proceedings premature.
Furthermore, the MP contended that the High Court judge violated principles of natural justice by continuing with the contempt proceedings despite the existence of a motion challenging the court’s jurisdiction. He also alleged bias, pointing out that the judge had denied his lawyer the opportunity to speak on the grounds that counsel had not officially entered an "Appearance" in the contempt application.
As part of his legal challenge, Kumi sought a declaration that the election petition filed by Henry Boakye-Yiadom on December 31, 2024, was invalid due to the absence of the gazetted election results. He argued that any judicial order based on that petition should be considered null and void.
Additionally, the MP requested that the Supreme Court set aside the contempt ruling issued on February 19, 2025, as well as other related court decisions, including an interim injunction placed on him on January 2, 2025, and a subsequent ruling on January 6, 2025.
This Supreme Court intervention effectively suspends any sentencing by the High Court until a final decision is reached regarding the motion to overturn its ruling.
