The Koforidua High Court presided over by Justice Senyo Amedahe has convicted the Ernest Yaw Kumi, NPP Parliamentary Candidate For Akwatia For Contempt Of Court After Defying Injunction Order And Swearing -In As Member Of Parliament For Akwatia On January 7
The court also issued arrest warrant against Ernest Yaw Kumi for his sentence stating that he has absented himself from court since the contempt procedure started.
The court earlier turned down letter from minority caucus of parliament explaining that Ernest Yaw Kumi was busy in court hence inability to attend to Court.
The court in January dismissed application seeking to set aside an interim injunction barring the swearing-in of Ernest Yaw Kumi as the Member of Parliament-elect for Akwatia pending the substantive case challenging the election results.
The swearing-in of the MP elect, scheduled for the midnight inauguration of January 7, 2024, therefore remained.
However Ernest Yaw Kumi defied the injunction order and went ahead to be sworn-in.
On January 3,2025 the court issued an interim injunction preventing Ernest Yaw Kumi’s swearing-in following a lawsuit filed by Henry Boakye-Yiadom, the NDC parliamentary candidate.
The lawsuit, filed against the Electoral Commission, Ernest Yaw Kumi, and the Clerk to Parliament, challenges the election results, which declared Mr. Kumi of the NPP the winner with 19,269 votes against Mr. Boakye-Yiadom’s 17,206 votes.
Moving the motion on Sunday , Gary Nimako Esq, lead counsel for Ernest Yaw Kumi, argued that the injunction application and election petition were improperly filed.
He cited Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), to argue that such actions can only be initiated after the Electoral Commission gazettes the MP-elect or in cases involving corruption or criminal allegations.
In response, Bernard Bediako Baidoo Esq., counsel for the respondent, led by Isaac Minta Larbi Esq., referenced Supreme Court rulings interpreting Section 16(1) of PNDC Law 284. He argued that a petition can be filed once the election process is completed and the winner declared or gazetted.
He cited publications on Ghana News Agency, Graphiconline which the EC announced it has gazzetted 274 MPs elect including Akwatia constituency.
Delivering the ruling Monday January 6,Justice Senyo Amedahe said upheld argument by the Counsel for the plaintiff respondent hence dismissed the application to set aside the injunction.
Source: Mybrytfmonline.com/Obed Ansah
