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The Supreme Court has ordered the Koforidua High Court to halt its decision to sentence the Member of Parliament for Akwatia, Ernest Yaw Kumi, after he was cited for contempt.
In a 4-1 majority decision on Wednesday, 26th February, the court ruled that the sentencing should be suspended until a final determination is made on a motion to overturn the ruling. Justice Gabriel Pwamang dissented, while the remaining four justices on the panel supported the stay.
This latest development follows the lawmaker’s filing of a certiorari and prohibition application at the Supreme Court, seeking to overturn a contempt of court conviction issued against him on 19th February.
Counsel for the MP, Gary Nimako Marfo, argues in the application that Justice Emmanuel Senyo Amedahe of the Koforidua High Court committed an error in his ruling.
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He stated:
A jurisdictional error of law is apparent on the face of the record, as [the judge] assumed jurisdiction in [the] Parliamentary Election Petition for the Akwatia Constituency at a time when the Electoral Commission had not yet published the Gazette Notification of the results to which the election relates.
On 18th February, the court had issued a warrant for the arrest of Mr Kumi for contempt of court, following his defiance of an interim injunction that barred him from being sworn in as the MP for the disputed constituency.
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Presiding judge, Justice Senyo Amedahe, issued the bench warrant after noting Mr Kumi’s failure to appear throughout the contempt proceedings.
Earlier, the court had restrained the MP from taking office pending the resolution of a legal dispute. However, despite this directive, Kumi proceeded to take the oath of office in Parliament.
The Supreme Court’s decision effectively puts a hold on any sentencing by the Koforidua High Court until the MP’s application is fully resolved.