Majority Leader blocks Akwatia MP’s statement in Parliament

The Majority Leader in Parliament, Mahama Ayariga, last Friday blocked the New Patriotic Party (NPP) Member of Parliament (MP) for Akwatia from making a statement on the floor of the House following his conviction by the High Court in Koforidua.

Ernest Yaw Kumi was due to present a statement titled “Enforcement in responsible mining practices”, but Mr Ayariga raised strong objection to him being allowed to do so.

Mr Ayariga said if the Second Deputy Speaker, Andrew Asiamah, who was presiding, allowed the MP to read out his statement, it would amount to contempt of court and a disregard for the rule of law.

Conviction

The Koforidua High Court, on Wednesday, February 19, 2025, convicted Mr Kumi for contempt after he defied an interim injunction barring him from being sworn in as a legislator.

As a result, a warrant was issued for his arrest after he failed to appear before the court for sentencing.

In spite of the pending warrant, Mr Kumi had continually turned up for proceedings on the floor of the House.

Based on the conviction by the court, the Majority Leader warned the House to be careful not to encourage acts that could undermine the independence of the Judiciary.

He quoted Article 127 (2) of the Constitution which bordered on the independence of the judiciary, as well as Order 20 of the Standing Orders of Parliament, which says “The Speaker shall uphold the honour, dignity and sanctity of the House”.

In the view of Mr Ayariga, Mr Kumi had been convicted by a High Court and must be barred from making his statement.

He recalled that Mr Kumi was cautioned that if he insisted on being sworn in as an MP in the face of a restraining order by a court, and that “if the court came after him, he would be accountable alone, and we would not be part of it”.

“This was made clear to him in this chamber, and he took it upon himself to take the risk, and was ready to take responsibility for his conduct.

“Mr Speaker, it is time for him to go and account for his conduct,” Mr Ayariga said.

Follow due process

The Majority Leader said as a House, members had a duty to uphold the dignity, integrity and respect of Ghana’s courts and the rule of law.

“Your leader on several occasions told the Speaker that even if he was not served, once he became aware of a decision of the court, the Speaker must act on the basis of becoming aware.

“So, it is not a question of whether he has been served; he is aware that the courts have convicted him, and he wants to come and stand in this chamber and make a statement,” he said.

Mr Ayariga warned that if the Speaker insisted and admitted the MP’s statement and allowed him to make his statement, the Majority members would wash their hands off and leave the chamber.

“We would walk out because we do not believe in and would not join you to undermine the Judiciary and the rule of law,” he said.

Stay of execution

Rising to the defence of Mr Kumi, the Minority Leader, Alexander Afenyo-Markin, said his caucus would always respect the rule of law.

To that effect, he informed the House that Mr Kumi had, indeed, filed a stay of proceedings application, which was pending before the Koforidua High Court at the time the “same court was seized with the application committing him for contempt”.

He said there was a stay of execution and notice of appeal application pending before the very High Court judge, as well as an application invoking the supervisory jurisdiction of the Supreme Court under Article 132 of the Constitution.

Mr Afenyo-Markin made reference to a decision by the Supreme Court on October 18, 2024 in the case in which the apex court overturned the Speaker of Parliament’s declaration of four seats in Parliament vacant.

In that instance, the Supreme Court insisted that those four MPs be allowed to represent their constituents until a suit challenging the declaration by the Speaker was determined.