The Koforidua High Court has issued a bench warrant for the arrest of the New Patriotic Party (NPP) parliamentary candidate for the Akwatia Constituency in the 2024 election, Ernest Yaw Kumi, for contempt.
The court, presided over by Justice Senyo Amedahe, issued the order yesterday on the basis of Mr Kumi’s defiance of an injunction order barring him from being sworn in as the Member of Parliament (MP) for the area on January 7, 2024.
The court further explained that Mr Kumi had been absent from court since the contempt proceedings began.
This followed his defiance of an injunction order that barred him from being sworn in as MP for Akwatia on January 7, 2025.
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The court issued the bench warrant for Mr Kumi’s arrest after he failed to appear in person in court.
Disobedience
The conviction comes after he disobeyed an interim injunction against him on January 7, 2025, prohibiting him from being sworn in and admitted as the Member of Parliament-elect for the Akwatia Constituency due to an ongoing legal tussle over his supposed election.
Justice Amedahe was of the view that the convict, throughout the hearing of the contempt case, failed to appear in court in person.
He also rejected a letter from the Minority in Parliament claiming the MP was busy with parliamentary duties, hence his continuous absence from court.
The judge had previously rejected a letter from the Minority in Parliament, which claimed that Mr Kumi was occupied with parliamentary duties and, therefore, unable to attend court.
Background
On January 3, this year, the court issued an interim injunction preventing Mr Kumi’s swearing-in.
This followed a lawsuit filed by Henry Boakye-Yiadom, the National Democratic Congress parliamentary candidate and former MP of the area, against the Electoral Commission (EC), Mr Kumi and the Clerk to Parliament.
The lawsuit challenged the election results, which declared Mr Kumi the winner with 19,269 votes against Mr Boakye-Yiadom’s 17,206 votes.
Despite the injunction, Mr Kumi went ahead with the swearing-in on January 7, 2025.
The court at one point dismissed an application seeking to set aside the interim injunction.
The application, filed by Mr Kumi’s legal team led by Gary Nimako, argued that the injunction and election petition were improperly filed.
Mr Nimako cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), asserting that such actions could only be initiated after the EC gazetted the MP-elect or in cases involving corruption or criminal allegations.
However, counsel for the respondent, Bernard Bediako Baidoo, led by Isaac Minta Larbi, countered the argument, citing Supreme Court rulings that interpreted Section 16(1) of PNDC Law 284.
The defence argued that an election petition could be filed once the election process was completed and the winner declared or gazetted.
It further referenced Ghana News Agency and Graphic Online reports indicating that the EC had gazetted 274 MPs-elect, including Mr Kumi.
Delivering his ruling on Monday, January 6, 2025, Justice Amedahe upheld the arguments of the plaintiff’s counsel and dismissed the application to set aside the injunction.
Writer's email: haruna.wunpini@graphic.com.gh
