Quash contempt conviction against me –Akwatia MP to SC

Mr. Ernest Kumi, the Member of Parliament for Akwatia, has filed a motion at the Supreme Court, seeking to quash the contempt of court conviction issued against him on 19 February 2025 by the Koforidua High Court, presided over by Justice Emmanuel Senyo Amedahe.

In the motion filed by his lawyer, Gary Nimako Marfo, on Monday, 24 February 2025, under suit number J5/37/2025, Mr. Kumi has called on the Supreme Court to annul the ruling. The motion for an order of certiorari and prohibition outlines three key grounds and requests six specific reliefs from the Court.

Grounds for the application

1. Mr. Kumi argues that the High Court Judge made a jurisdictional error when he assumed jurisdiction over the parliamentary election petition for the Akwatia constituency, even though the Electoral Commission had not yet published the gazette notification of the election results.

2. He claims that the High Court Judge violated natural justice principles by proceeding with the contempt hearing while a motion to set aside the contempt application, due to lack of jurisdiction, was still pending.

3. Lastly, Mr. Kumi asserts that the judge was biased and prejudiced against him, noting that the judge denied his legal counsel an audience, citing the failure to file an “Appearance” in the contempt application.

Reliefs

Based on these grounds, Mr. Kumi is requesting six reliefs:

1. A declaration that the petition filed by the 1st Interested Party on 31 December 2024 is incompetent, as it did not properly invoke the High Court’s jurisdiction due to the absence of the gazette notification of the election results. Consequently, any orders based on this petition should be declared void and ineffective.

2. A declaration that the contempt proceedings and the ruling dated 19 February 2025, stemming from the premature election petition filed on 31 December 2024, are void and have no effect.

3. An order of certiorari, quashing the ruling of Justice Emmanuel Senyo Amedahe on 19 February 2025, as well as the petition filed on 31 December 2024, the interim injunction order dated 2 January 2025, and the ruling made on 6 January 2025, all arising from the premature election petition.

4. An order to quash the ruling on the contempt application and the bench warrant issued by the court on 19 February 2025.

5. An order of prohibition, preventing Justice Emmanuel Senyo Amedahe from proceeding with sentencing Mr. Kumi pending the hearing and determination of the present suit.

6. Any other relief(s) that the Court deems appropriate.

Mr. Kumi’s motion is now before the Supreme Court for consideration.