In a dramatic turn of events, the Supreme Court has intervened to halt the sentencing of Akwatia Member of Parliament, Ernest Yaw Kumi, who was convicted of contempt by the Koforidua High Court.
This development came as a huge relief for Ernest Yaw Kumi, who was facing the possibility of imprisonment.
To understand the context of this case, it’s essential to revisit the events that led to Ernest Kumi’s conviction.
The Koforidua High Court had issued an interim injunction, restraining Ernest Yaw Kumi from being sworn in as a legislator due to a pending electoral dispute.
However, Ernest Kumi defied the court’s order and took the oath of office in Parliament, prompting the court to convict him of contempt.
The High Court’s ruling was followed by the issuance of a bench warrant for Kumi’s arrest, which sparked concerns about his potential sentencing.
However, with the Supreme Court’s intervention, Ernest Yaw Kumi’s sentencing has been put on hold until the appeal application is determined.
The Supreme Court’s decision was made in a 4-1 majority ruling, with Justice Gabriel Pwamang dissenting.
The court has also invited interested parties to make submissions on whether Yaw Kumi should be granted a hearing while the conviction by the High Court remains in place.
Ernest Yaw Kumi’s lawyers had filed a certiorari and prohibition application at the Supreme Court, seeking to overturn the contempt conviction.
Counsel for the MP, Gary Nimako Marfo, argued that the Koforidua High Court committed a jurisdictional error of law apparent on the face of the record.
The hearing for this application has been adjourned to March 12, and all eyes will be on the Supreme Court as it deliberates on this critical matter.
This development has been seen as a reprieve for Ernest Kumi, who was facing the possibility of imprisonment.
In a related development, the Supreme Court had earlier adjourned the NPP’s case seeking to overturn the injunction on the Akwatia constituency seat issued by the Koforidua High Court.
The court’s decision was made due to a procedural error by the NPP, which failed to serve the required legal processes to the NDC.
-BY Daniel Bampoe
