The legal actions against Ernest Yaw Kumi, the New Patriotic Party’s Akwatia MP, have drawn criticism from Second Deputy Minority Whip Jerry Ahmed Shaib, who said they represent a grave danger to Ghana’s democracy. On Thursday, February 20, 2025, he said this.
Shaib’s remarks come after Mr. Kumi was found guilty of contempt by the Koforidua High Court on Wednesday, February 19, 2025, for violating an interim order that barred him from taking the oath of office as a lawmaker. When Kumi did not show up for sentencing, presiding judge Justice Senyo Amedahe issued a bench warrant for his arrest.
At a press conference in the Parliament House, Shaib described the legal action as a violation of Kumi’s rights and a threat to the country’s democratic structure.
“… Ghana’s democracy thrives on fairness, the rule of law, and the principles of justice. The actions taken against Mr. Ernest Yaw Kumi threaten not only his rights but also the very foundations of our democratic processes and principles,” Shaib stated.
He further urged the judiciary to remain impartial and resist any attempts to use the legal system for political gains.
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“The judicial system must not be weaponised to serve partisan interests or undermine the will of the people of Akwatia. We call on all well-meaning Ghanaians to ensure that justice prevails,” he said.
The Akwatia Member of Parliament has since appealed against the ruling of contempt.
Background
A Koforidua High Court issued a bench warrant for the arrest of Akwatia MP Ernest Yaw Kumi, the New Patriotic Party (NPP) Parliamentary Candidate for the Akwatia Constituency, for contempt of court.
Justice Senyo Amedahe, presiding over the court, issued the order today after Kumi defied an injunction barring him from being sworn in as a Member of Parliament (MP) for the area on January 7, 2025.
The judge stated that the warrant was issued because Kumi had been consistently absent from court since the contempt proceedings began.
Defiance of Court Order
The Akwatia MP was found to have violated the injunction, which prohibited his swearing-in and admission as the MP-elect for Akwatia due to an ongoing legal dispute concerning his election.
Justice Amedahe emphasized that Kumi had failed to appear in person throughout the hearing of the contempt case. The court also rejected a letter from the Minority Caucus of Parliament claiming that the MP was occupied with parliamentary duties and thus unable to attend court.
On January 3, 2025, the court issued an interim injunction preventing Kumi’s swearing-in. This followed a lawsuit filed by Henry Boakye-Yiadom, the National Democratic Congress (NDC) Parliamentary Candidate and former MP, against the Electoral Commission (EC), the Akwatia MP, and the Clerk to Parliament.
The lawsuit challenges the election results that declared Kumi the winner with 19,269 votes, compared to Boakye-Yiadom’s 17,206 votes.
Despite the injunction, Kumi proceeded with the swearing-in on January 7, 2025.
Earlier Rulings
In an earlier ruling in January, the court dismissed an application by Kumi’s legal team, led by Lawyer Gary Nimako, seeking to set aside the interim injunction. Nimako argued that the injunction and election petition were improperly filed, citing Section 16(1) of the Representation of the People’s Law, 1992 (PNDC Law 284), which states that such actions can only be initiated after the EC gazettes the MP-elect or in cases involving corruption or criminal allegations.
However, counsel for the respondent, Bernard Bediako Baidoo Esq., led by Isaac Minta Larbi Esq., countered this argument, citing Supreme Court rulings that interpret Section 16(1) of PNDC Law 284. He argued that an election petition can be filed once the election process is completed and the winner declared or gazetted. He also referenced reports from the Ghana News Agency and Graphic Online indicating that the EC had gazetted 274 MPs-elect, including Kumi.
Delivering his ruling on Monday, January 6, Justice Amedahe upheld the plaintiff’s argument and dismissed the application to set aside the injunction.
