Supreme Court to Rule on Akwatia MP’s Fate on April 30
The Supreme Court of Ghana has set April 30, 2025, as the date to deliver its ruling on an injunction application filed by Ernest Kumi the Member of Parliament for Akwatia. The court presided over by Justice Gabriel Pwamang will also decide on a contempt application against the MP on the same day.
The legal battle stems from a challenge to Kumi’s swearing-in by Henry Boakye Yiadom a parliamentary candidate for the National Democratic Congress (NDC). Yiadom argues that Kumi’s inauguration as MP was improper and has sought the court’s intervention.
Ernest Kumi through his lawyer Gary Nimako Marfo, filed a motion for certiorari and a prohibition order against a Koforidua High Court judge. His argument is that the matter in dispute is an election petition, which is beyond the jurisdiction of the High Court.
Marfo further contended that the High Court judge erred in delivering a ruling on January 6, 2025, without relying on an official Gazette notification of election results. Instead he claimed the judge based the decision on an online news report. Marfo insisted that this violated his client’s right to a fair hearing due to bias and a breach of natural justice.
He also revealed that multiple applications had been made to prevent the High Court from proceeding with its judgment but the judge went ahead with a contempt ruling against Kumi.
Opposing the injunction application Bernard Bediako Baidoo representing Henry Boakye Yiadom maintained that the Electoral Commission (EC) had officially gazetted Akwatia’s election results on December 24, 2024. He stated that the petition challenging Kumi’s swearing-in was filed after this gazette notification in line with legal procedures.
Baidoo argued that the High Court’s interim injunction followed due legal process and did not warrant a certiorari order from the Supreme Court. He maintained that Kumi’s application lacked merit because it failed to show any error of law in the High Court’s ruling.
Justin Amenuvor the lawyer for the Electoral Commission also urged the Supreme Court to rely on official court records and the Gazette notification from the Assembly Press as proof of due process.
The Supreme Court’s ruling on April 30 will determine whether the injunction against Ernest Kumi will be upheld and whether the contempt case against him will proceed. This decision is expected to clarify the legal standing of his swearing-in and the ongoing dispute over the Akwatia parliamentary seat.
The case has generated significant public interest as it could have implications for election-related disputes in Ghana.