Press Statement: Minority Caucus Addresses Contempt of Court Application Against Akwatia MP

PRESS CONFERENCE BY THE MINORITY CAUCUS ON THE CONTEMPT OF COURT APPLICATION AGAINST HON. ERNEST YAW KUMI, MP FOR AKWATIA CONSTITUENCY

1. Good morning, Ladies and Gentlemen of the media. The Minority Caucus wishes to bring to the attention of the public critical issues surrounding the ongoing legal proceedings involving Hon. Ernest Yaw Kumi, the duly elected Member of Parliament for Akwatia Constituency, following the 2024 Parliamentary Elections. The circumstances leading to the application for contempt against him raise serious concerns about the administration of justice and adherence to due process.
2. The facts giving rise to the application for Contempt of Court are that on 31st December, 2024, the NDC Parliamentary Candidate for Akwatia Constituency in the 2024 Parliamentary Elections filed an Election Petition at the High Court 3, Koforidua to challenge the results of the election. On the same 31st December, 2024, he filed an Ex-parte Motion for Interim Injunction against Hon. Ernest Yaw Kumi and caused the application to be moved by his Counsel, Bernard Bediako Baidoo on 2nd January, 2025. On the same day, the presiding Judge, His Lordship Justice Emmanuel Senyo Amedahe granted the Ex-parte application for Interim Injunction without recourse to Hon. Ernest Yaw Kumi and same was communicated to him via WhatsApp.
3. On 3rd January, 2025, Hon. Ernest Yaw Kumi through his Counsel, Gary Nimako Marfo filed a Motion on Notice at the High Court 3, Koforidua to set aside the Order for Interim Injunction on the basis that Hon. Henry Boakye-Yiadom “did not properly invoke the jurisdiction of the Court for the grant of the Order for Interim Injunction” because he did not comply with Article 99(1) of the 1992 Constitution, Sections 16 & 18 of the Representation of the People Law 1992 (PNDCL 284) and the Public Elections Regulations 2020, C.I. 127.
4. Counsel for Hon. Ernest Yaw Kumi urged on the Court as same is captured in paragraphs 9, 10, 11, 12, 13, 14 and 15 of the affidavit in support of the application as follows:

That the jurisdiction of this Court is wrongly invoked and ​thus any Order founded on the wrongful invocation of this ​Court’s jurisdiction ought to be void.

That the validity of an election to Parliament may be questioned only by an Election Petition before this Court.

That an Election Petition shall be presented to this Court within twenty-one (21) days after the date of publication in a gazette of the result of the elections to which the said election relates.

That the 2nd Respondent/Respondent has not published ​any gazette notification of any declared Parliamentary ​results in ​Akwatia Constituency.

That the non-compliance of mandatory statutory ​provisions by the Petitioner/Respondent is incurably bad.

That the processes filed under the Representation of the People Law, 1992 (PNDC Law 284) (As Amended) is premature.

That this is a proper case where this Honourable Court ​ought to set aside the Order for Interim Injunction granted by this Court on 2nd January, 2025, including all processes ​filed by the Petitioner/Respondent.”

5. Counsel for Hon. Henry Boakye-Yiadom did not file any affidavit in Opposition. Surprisingly, the Judge, His Lordship Justice Emmanuel Senyo Amedahe granted Counsel for Hon. Henry Boakye-Yiadom leave to oppose the application on factual matters despite not having filed an Affidavit in Opposition on record. Counsel for Hon. Henry Boakye-Yiadom did not provide any gazette notification of the Parliamentary election results but opened his phone in open Court and read online news portal and press conference claiming to have been organized by Dr. Bossman Asare and urged on the Court that the results of the Akwatia Parliamentary election had been gazetted by the Electoral Commission of Ghana.
6. It must be pointed out that as at 5th January, 2025, when Counsel for Hon. Henry Boakye-Yiadom was urging on the Court that the Parliamentary results for the Akwatia Constituency had been gazetted, he was in fact misleading the Judge because it is public knowledge that the Parliamentary results in Akwatia Constituency was gazetted on 6th January, 2025 and same can be found in the Ghana Gazette dated 6th January, 2025 at page 8093 with Hon. Ernest Yaw Kumi winning with 19,269 votes representing 52.83% (NPP) and Hon. Henry Boakye-Yiadom (NDC) obtaining 17,206 votes representing 47.17%.
7. In a Ruling delivered by His Lordship, Justice Emmanuel Senyo Amedahe on the morning of 6th January, 2025, the following is what His Lordship Justice Emmanuel Senyo Amedahe stated on the question of jurisdiction to entertain the Election Petition case before him at pages 3, 4, 5, 6, 7 and 8 of the Ruling and I quote;

“Essentially, the Applicant, through his Counsel, is saying that the Statutory law (i.e. PNDCL 284) on which the 1st Respondent herein mounted his substantive action, particularly Section 18 of Act, expressly provides that an election petition must be brought within 21 days after the publication in the Gazette of the results of the elections. It is the case of the Applicant herein that the results of the parliamentary election results for the Akwatia Constituency in the just-ended December 7th elections have not been published in the gazette; hence, the action on which the interim injunction was based had not accrued. The Applicant is basically challenging the jurisdiction of the court to hear the matter.

Counsel for both parties relied on the decision in THE REPUBLIC VRS. HIGH COURT, KOFORIDUA, EX-PARTE DR. KOFI ASARE (BABA JAMAL MOHAMMED AHMED and others (1ST INTERESTED PARTY) and the decision in the case of THE REPUBLIC VRS HIGH COURT JUDGE SUNYANI EX-PARTE ALHAJI COLLINS DAUDA (APPLICANT) AND YIADOM BOAKYE BOATENG (INTERESTED PARTY).

Citing the decisions in the two cases, Counsel for the Applicant herein submitted that the cause of action of the Respondent had not accrued for him to file an election petition for which he obtained an Interim restraining order from this Court.

Coincidentally in that particular issue, it is the argument of Counsel for the Applicant that the results of the Akwatia Constituency has not been gazetted.

The jurisdiction of a court to hear a matter is trite, fundamental, and non-negotiable. In Ghana, it is elementary that parliamentary election petitions are primarily cognizable by the High Court as original actions. It is important to note that this distinct jurisdiction of the High Court in election petitions is only properly evoked within 21 days after the publication in the gazette of the election results. This is stated in Section 18 of PNDCL 284 and explained extensively in the Ex-parte Baba Jamal case (supra). This was rightly pointed out by Counsel for the Applicant.

Despite the assertion of the Applicant that the winner of the Akwatia Constituency has not been gazetted, the 1st Respondent’s Counsel states in his submission that the Electoral Commission, in a press conference held in Accra on the 25th of December, 2024, announced that it had gazetted parliamentary election results for 274 constituencies. This information can be found on the official website of the Ghana News Agency, the official state news agency under the heading “EC gazettes 274 Parliamentary Election results; two constituencies outstanding”.

The publication by Ghana News Agency mentioned the official of the Electoral Commission who held the conference as Dr. Bossman Asare, a deputy commissioner of the EC, in charge of corporate services. At the press conference, the Deputy Commissioner informed the press that the results of 274 constituencies had been gazetted.

Dr. Bossman Asare, in that press release, expressly affirmed that only the election results of Dome Kwabenya and the Ablekuma North Constituencies were outstanding and yet to be gazetted. He also assured Ghanaians that the Commission would finalize the results of these two constituencies before the swearing-in of the 9th Parliament on 7th January, 2025.

This news item on the website of the Ghana News Agency, which is the State’s official news agency cannot be misleading. I have no reason to doubt the Ghana News Agency news item that the 274 elected parliamentarians were gazetted on the 25th of December, 2025.

Further, this press conference and its subsequent reportage give credence to the fact that the election results of the Akwatia Constituency have been gazetted because Dr. Bossman Asare could have made these assertions after gazetting in line with Regulation 49 of C.I. 127.

Regulation 46 of C.I. 15 provides as follows:

“Where any matter is provided in this instrument to be published in the Gazette, it may, in lieu of or in addition to the publication in the Gazette, be published through radio, television, the national newspapers or any other medium of mass communication.”

From the above the press held by the Deputy Commissioner on 25th December, 2024 where he announced that 274 constituencies had been gazetted by the Commission is as good as sighting the gazette itself.”

8. Ladies and gentlemen of the press, let me first of all state that Regulation 46 of C.I. 15 referred to supra is a repealed legislation. The law in force regulating Parliamentary and Presidential Elections in Ghana is the Public Elections Regulations 2020 (C.I. 127).
9. In the absence of evidence before the Judge, His Lordship Justice Emmanuel Senyo Amedahe, we find it intriguing how he concluded that the Press Conference organized by Dr. Bossman Asare on 25th December, 2024 where he announced that 274 Constituencies had been gazetted by the Electoral Commission “is as good as sighting the gazette itself” was not grounded. This is because whether election results have been gazetted or not is a matter to be proven by positive evidence and not gleaned from an online newspaper publication.
10. It must also be pointed out that the Judge, Emmanuel Senyo Amedahe agreed with Counsel for Hon. Ernest Yaw Kumi that the jurisdiction of the High Court can only be properly invoked “within twenty-one (21) days after the publication in the gazette of the elections results.” So on what basis did he proceed to hear the matter when the results were not gazetted as at 5th January, 2025? In fact, he had made an Order for Interim Injunction when the Court did not have the jurisdiction to make the said Order, because he himself agreed with Counsel for Hon. Ernest Yaw Kumi that the jurisdiction of the High Court can only be properly invoked “within twenty-one (21) days after the publication in the gazette of the election results “(page 5 of the Ruling dated 6th January, 2024 refers)”.
11. It is on the back of this Ruling dated 6th January, 2025, that the learned High Court Judge, Emmanuel Senyo Amedahe had sought to convict Hon. Ernest Yaw Kumi for Contempt of Court.
12. Ladies and gentlemen, the desperation of the learned Judge to at all cost convict Hon. Ernest Yaw Kumi is captured in the events after the delivery of the Ruling dated 6th January, 2025.
13. On 8th January, 2025, Hon. Ernest Yaw Kumi filed an application for Certiorari and Prohibition at the Supreme Court, seeking to quash the Election Petition filed at the High Court on December 31, 2024, along with all related proceedings, on grounds of lack of jurisdiction and to prohibit the presiding Judge from hearing the cases before him.
14. The application for Certiorari and Prohibition was served on the Registrar of the Court, Mr. Anthony Atachie on 24th January, 2025. The Affidavits of Service show that all the parties including the Judge who is the Respondent in the application for Certiorari and Prohibition have been served with the said application. Yet the Judge, His Lordship Justice Senyo Amedahe did not stop hearing the case before him.
15. An application for Stay of Proceedings was filed at the Supreme Court and the Registrar of the High Court 3, Koforidua was served with the application on 12th February, 2025 but the Judge, His Lordship Justice Emmanuel Senyo Amedahe did not stop hearing the case to allow the Supreme Court determine the merits or otherwise of the application for Certiorari and Prohibition against him.
16. On 11th February, 2025, an application to set aside Parliamentary Election Petition filed on 31st December, 2024, Order for Interim Injunction, Order for Substituted Service granted on 22nd January, 2025, and Motion for Committal for Contempt filed on 13th January, 2025 for lack of jurisdiction with a return date on 26th February, 2025, was filed at the Registry of the High Court 3, Koforidua but the Judge decided not to wait to hear the merits of this application before him. The question is what is the interest of the Judge, His Lordship Justice Emmanuel Senyo Amedahe in this case?
17. On 12th February, 2025 an application to stay the entire proceedings in his Court was filed with a return date of 5th March, 2025. This application had as Exhibits, processes filed at the Supreme Court to stay proceedings in the High Court 3, Koforidua, but the Judge did not stay proceedings before him.
18. The Judge, His Lordship Justice Emmanuel Senyo Amedahe once again ignored the processes properly filed and which same were on the docket of the Court.
19. On 24th January, 2025, Hon. Ernest Yaw Kumi given the conduct of the Judge, His Lordship Justice Emmanuel Senyo Amedahe filed an application for him to recuse himself on the grounds of bias and prejudice but he refused to recuse himself. The question any reasonable mind would ask is what is the interest of the Judge in the matter before him? When the processes filed at the Supreme Court seeking to quash the proceedings before him and to further prohibit him from hearing any matter touching and concerning Hon. Ernest Yaw Kumi, the least the Judge ought to have done was to wait for the Supreme Court to hear and determine the propriety of the application for Certiorari and Prohibition before taking any step.
20. At worse, there is a pending application seeking to oust the jurisdiction of the Court including the very Contempt application before him on his docket which is yet to be moved on 26th February, 2025.
21. It is mind boggling why the learned Judge did not want to wait to hear the propriety of this application since this was challenging the foundation of the petition before him including all the processes and the Orders made pursuant to the filing of the Parliamentary Election Petition on 31st December, 2024.
22. Ladies and gentlemen of the press, it would interest you to know that on 18th February, 2025, Hon. Ernest Yaw Kumi caused to be filed a Motion on Notice to arrest the Ruling of the Judge on the Contempt application but the Judge refused to hear Counsel for Hon. Ernest Yaw Kumi on the basis that he had not filed appearance in the Contempt application.
23. Interestingly, this is the same lawyer who has been attending Court and has been filing processes and receiving processes emanating from the Registry of the same Court.
24. It is doubtful why a Court would refuse to hear a lawyer in a contempt matter, which is quasi-criminal claiming the lawyer ought to have filed an appearance first when the Judge was just in a hurry to read his Ruling on the same morning of 19th February, 2025.
25. At this stage, let me state that further legal steps have been taken. A Notice of Appeal has been filed against the Ruling of the High Court at the Court of Appeal. An application for Stay of Execution pending Appeal has also been filed at the High Court 3, Koforidua.
26. Moreover, all the parties to the Certiorari and Prohibition application including the Judge, His Lordship Justice Emmanuel Senyo Amedahe, who is the Respondent to this application before the Supreme Court have been served.
27. Further legal steps would be taken and the Minority Caucus in Parliament will abreast the Ghanaian public on the way forward.
28. Ladies and gentlemen, Ghana’s democracy thrives on fairness, the rule of law, and the principles of justice. The actions taken against Hon. Ernest Yaw Kumi threaten not only his rights but also the very foundation of our democratic processes. The judicial system must not be weaponized to serve partisan interests or undermine the will of the people of Akwatia.
29. We call on all well-meaning Ghanaians, civil society organizations, and the relevant authorities to ensure that justice prevails. The law must be applied fairly, and due process must be respected. Any attempt to subvert the democratic will of the people through judicial overreach must be resisted. Ghana’s democracy is bigger than any individual or institution. It is our collective duty to safeguard it.

Source:Mybrytfmonline.com