Supreme Court to hear Akwatia MP’s contempt of court conviction appeal
The Supreme Court in a 4-1 decision has ruled that Mr Ernest Yaw Kumi, the Member of Parliament for Akwatia, should be heard despite been convicted for contempt of court.
The five-member panel held that it would file its reasons by March 21, 2025.
The Court is expected to hear the application for certiorari and prohibition on March 26, 2025.
The Court gave its ruling after hearing from lawyers of parties in the case. The matter premised on whether it could hear the embattled MP despite the fact that he has been convicted by a Koforidua High Court for contempt.
Mr Gary Nimako Marfo, counsel for the MP, the applicant in the case, said certiorari and a prohibition application was on the premise that the Koforidua High Court presided by Justice Emmanuel Senyo Amedahe on January 6, 2025, with the filing of an affidavit in opposition to a motion set aside an interim injunction.
According to Mr Nimako Marfo, although an application to stay proceedings was filed and same was served on the Registrar of the Koforidua High Court, the trial Judge did not stop proceedings.
Again, Mr Nimako Marfo said an application for the sitting Judge to recuse himself was put on the court records, but the trial Judge did not stop the proceedings.
He said considering the background leading to the conviction of the applicant, it was clear that the applicant was not heard, and he has since inception challenged the jurisdiction of the High Court in Koforidua.
According to the MP’s lawyer, the Supreme Court ought not shut its door of justice on the applicant but offer him a hearing.
Mr Bernard Bediako Baidoo, counsel for the first Interested Party, Nana Boakye Yiadom, who did not file any legal submissions, told the apex court that “it leaves the matter to the wisdom of the court.”
The Koforidua High Court convicted Mr Kumi of contempt after ignoring a court injunction and he was sworn into Parliament as an MP.
The MP ran to the Supreme Court following his conviction of contempt.
He went to the apex court to quash his contempt conviction.
Under the laws of Ghana, if a person is convicted of contempt, he or she has to purge him or herself before being heard by another superior court.
However, there are some exceptions to the rule when it comes to contempt cases.
Source: GNA