The New Patriotic Party (NPP) Member of Parliament (MP) for Akwatia, Mr Ernest Yaw Kumi, has petitioned the Supreme Court to overturn the Koforidua high court’s 19 February 2025 contempt of court decision against him, which was presided over by Justice Emmanuel Senyo Amedahe.
Gary Nimako Marfo, Mr. Kumi’s lawyer, filed his most recent motion on Monday, February 24, 2025, under suit number J5/37/2025. He gave the Supreme Court three reasons for his application and asked for six reliefs in his motion for an order of certiorari and prohibition.
Grounds for the application
The first ground of his application is that; “The learned High Court Judge committed a jurisdictional error of
law apparent on the face of the record when he assumed jurisdiction in parliamentary election petition at Akwatia
constituency at the time when the Electoral Commission had not published the gazette notification of the results to which the election relates in the gazette.”
Secondly, Ernest Kumi contends that “the learned High Court Judge breached the rules of natural justice
when he proceeded to hear and determine the contempt application despite the pendency of applicant’s motion to set aside the said contempt application for want of jurisdiction.”
Lastly, that “the learned High Court Judge was biased and highly prejudiced against the applicant when he, among others, refused to grant counsel for the applicant audience on the basis that counsel had not filed “Appearance” in the contempt application.”
Reliefs sought
Based of the three grounds, Mr Ernest Kumi is seeking six reliefs. First is “a declaration that the Petition filed by the 1st Interested Party on 31 December 2024 in the absence of the gazette notififcation 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.
Second, “a declaration that the contempt proceedings and the ruling dated 19 February 2025 founded on the premature election petition filed on 31 December 2024 is void and of no effect.
Third, ” 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 19t February, 2025, the petition filed on 31 December 2024, and the interim injunction order dated 2 January 2025, and the ruling dated 6 January
2025 made pursuant to the said premature Election Petition, filed on 31 December 2024.
Fourth, “an order quashing the ruling delivered on the contempt application and the execution of the bench warrant issued by the court dated 19 February 2025 by his lordship Justice Emmanuel Senyo Amadehe.
Fifth, “an order of prohibition against his lordship Justice Emmanuel Senyo Amedahe from proceeding to sentence the applicant, Hon. Ernest Yaw Kumi pending the hearing and determination of the instant suit and lastly, any other order(s) as the court deem fit.”
