Minority backs Akwatia MP’s motion to stay execution

The Minority Caucus of Parliament has announced support for the application filed to stay the execution of the bench warrant issued against one of its members, Akwatia MP Ernest Yaw Kumi.

The bench warrant was issued by a High Court in Koforidua after a contempt of court conviction was slapped on him.

Addressing the press at Parliament on Thursday, February 20, 2025, Weija-Gbawe MP Jerry Ahmed Shaib, speaking on behalf of the caucus, announced multiple legal steps in response to the ruling. He confirmed that they had filed an appeal and a stay of execution against the judgment.

“Legal steps have been taken, and a notice of appeal has been filed against the High Court’s ruling at the Court of Appeal. We have also submitted an application for a stay of execution pending appeal at High Court Number 3 in Koforidua.

Furthermore, all parties to the prohibition application, including the judge, His Lordship Justice Emmanuel Senyo Amedahe, who is the respondent in this application before the Supreme Court, have been duly served. Additional legal measures will follow, and the Minority Caucus will keep the Ghanaian public informed,” he stated.

Shaib criticized the High Court judge’s decision, arguing that it was improper for the judge to require a lawyer to file an appearance in a quasi-criminal matter.

“When someone previously appeared before the court, they were allowed to open a phone to provide details of a WhatsApp message or publication. But now, a lawyer representing a client in a contempt case must file an appearance in a quasi-criminal matter? Eii, Justice SenyoAmedahe,” he remarked.

Background

The Koforidua High Court issued a bench warrant for the arrest of New Patriotic Party (NPP) parliamentary candidate for Akwatia, Ernest Yaw Kumi, for contempt.

Presiding judge Justice Senyo Amedahe ordered the arrest on grounds that Kumi had defied an injunction barring him from being sworn in as the MP for Akwatia on January 7, 2025.

The court noted that Kumi had been absent throughout the contempt proceedings.

Despite an injunction preventing his swearing-in, he went ahead with the ceremony on January 7, 2025. Justice Amedahe ruled that Kumi consistently refused to appear in court in person and disregarded the injunction against his swearing-in.

The judge also dismissed a letter from the Minority Caucus, which claimed that Kumi was preoccupied with parliamentary duties and, therefore, unable to attend court sessions.

On January 3, 2025, the court issued an interim injunction preventing Kumi’s swearing-in.

This followed a lawsuit filed by Henry Boakye-Yiadom, the National Democratic Congress (NDC) parliamentary candidate and former MP for Akwatia. Boakye-Yiadom sued the Electoral Commission (EC), Kumi, and the Clerk to Parliament, contesting the election results.

The EC had declared Kumi the winner with 19,269 votes against Boakye-Yiadom’s 17,206 votes.

Despite the injunction, Kumi proceeded with his swearing-in on January 7, 2025. His legal team, led by Gary Nimako, later filed an application to set aside the interim injunction, arguing that both the injunction and election petition were improperly filed.

Nimako cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), stating that such petitions could only be initiated after the EC gazetted the MP-elect or if the case involved corruption or criminal allegations.

However, counsel for the respondent, Bernard Bediako Baidoo, led by Isaac MintaLarbi, countered this argument, citing Supreme Court rulings that interpreted Section 16(1) of PNDC Law 284. The defence asserted that an election petition could be filed once the electoral process concluded and the winner was declared or gazetted. They also referenced reports from the Ghana News Agency and Graphic Online, confirming that the EC had gazetted 274 MPs-elect, including Kumi.

On Monday, January 6, 2025, Justice Amedahe ruled in favor of the plaintiff’s counsel and dismissed Kumi’s application to set aside the injunction.