MINORITY CAUCUS HOLDS PRESS CONFERENCE ON CONTEMPT OF COURT APPLICATION AGAINST HON. ERNEST YAW KUMI

MINORITY CAUCUS HOLDS PRESS CONFERENCE ON CONTEMPT OF COURT APPLICATION AGAINST HON. ERNEST YAW KUMI

Accra, Ghana

The Minority Caucus in Parliament has raised concerns over what it describes as judicial overreach in the contempt proceedings against Hon. Ernest Yaw Kumi, Member of Parliament for Akwatia. Addressing the press, the caucus detailed the legal battles surrounding the MP following the 2024 parliamentary elections and questioned the integrity of the judicial process.

Background to the Case

The controversy stems from an election petition filed on December 31, 2024, by Hon. Henry Boakye-Yiadom, the National Democratic Congress (NDC) candidate for Akwatia, challenging the election results. On the same day, he sought an Ex-parte Motion for Interim Injunction against Hon. Ernest Yaw Kumi, which was granted by the High Court in Koforidua on January 2, 2025, without prior notice to the MP. The ruling was communicated to Hon. Kumi via WhatsApp.

In response, Hon. Kumi legal team, led by Gary Nimako Marfo, filed a Motion on Notice to set aside the injunction, arguing that the High Court lacked jurisdiction to entertain the petition. They cited constitutional and statutory provisions, including Article 99(1) of the 1992 Constitution and Sections 16 & 18 of the Representation of the People Law (PNDCL 284), which require that an election petition be filed only after the results have been gazetted.

At the time of the ruling, Hon. Kumi team contended that the results had not been officially gazetted, making the petition premature. However, the presiding judge, Justice Emmanuel Senyo Amedahe, proceeded with the case, relying on a news report and a press conference by the Electoral Commission Deputy Chairman, Dr. Bossman Asare, to assert that the results had been gazetted. The Minority Caucus has since challenged the validity of this decision.

Judicial Concerns and Allegations of Bias

According to the Minority Caucus, Justice Amedahe handling of the case raises serious concerns about judicial bias and procedural irregularities. They highlighted the following key issues:

1. Absence of a Gazette Notification The Minority argued that on January 5, 2025, when the judge accepted claims that the results had been gazetted, the official Ghana Gazette for the Akwatia results had not yet been published. The official record, released on January 6, 2025, confirmed Hon. Ernest Yaw Kumi victory with 19,269 votes (52.83%) against Boakye-Yiadom 17,206 votes (47.17%).

2. Reliance on News Reports The judge allegedly based his ruling on a news publication and a press briefing by the Electoral Commission, instead of a certified gazette, which the Minority described as a fundamental legal flaw.

3. Proceedings Despite Supreme Court Intervention On January 8, 2025, Hon. Kumi filed an application for Certiorari and Prohibition at the Supreme Court, seeking to quash the High Court proceedings. However, despite being served on January 24, 2025, Justice Amedahe continued hearing the case, ignoring the Supreme Court intervention.

4. Application for Recusal Ignored a Following concerns of bias, Hon. Kumi requested the judge to recuse himself on January 24, 2025, but the request was dismissed.

5. Hasty Contempt Proceedings, On February 19, 2025, despite a pending stay of proceedings application at the Supreme Court, Justice Amedahe proceeded to rule on the contempt application, a move the Minority believes demonstrates undue haste and prejudice.

Legal and Political Implications

The Minority Caucus condemned what it called the weaponization of the judiciary to target political opponents, stressing that the rule of law must be upheld. They argued that:

The High Court lacked jurisdiction to entertain the petition before the results were gazetted.

The judge refusal to acknowledge legal interventions from the Supreme Court raises suspicions of bias.

The speed at which the contempt proceedings were pursued suggests a deliberate attempt to undermine Hon. Kumi legitimacy as the duly elected MP for Akwatia.

Call for Action

The Minority Caucus has vowed to pursue all legal remedies, including an appeal at the Court of Appeal and Supreme Court, to overturn what they describe as a miscarriage of justice. They are also calling on:

•Civil society organizations, legal experts, and human rights groups to scrutinize the case.

•The Judicial Service and Chief Justice to intervene and uphold judicial integrity.

•The Ghanaian public to remain vigilant against any attempts to subvert the democratic process.

Conclusion

The Minority Caucus insists that Ghanasdemocracy and judicial independence are at stake. They maintain that the electoral will of the people of Akwatia must be respected and warn against setting a precedent where judicial processes are manipulated for political gains.

We will not sit idly by while the judiciary is used as a tool to overturn the will of the people,the Caucus stated.Justice must not only be done but must be seen to be done.

The Minority has assured the public that they will continue to update them on further legal developments regarding the case.