Supreme court overturns contempt conviction of Akwatia MP

The Supreme Court has overturned the contempt of court conviction against Ernest Yaw Kumi, the New Patriotic Party (NPP) Member of Parliament for Akwatia in the Eastern Region.

The original conviction, delivered by Justice Emmanuel Senyo Amadehe of the Koforidua High Court, also came with a bench warrant for Mr. Kumi’s arrest.

However, in a landmark ruling on Wednesday, June 11, the Supreme Court nullified both the conviction and the execution of the warrant.

The apex court’s decision, delivered by a 4–1 majority, also prohibits Justice Amadehe from proceeding with sentencing, effectively bringing the case to a close.

The majority opinion was supported by Justices Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Kwofi, and Adjei Frimpong.

Justice Gabriel Scott Pwamang, who presided over the panel, issued the sole dissenting opinion.

Background

Mr. Kumi was convicted of contempt on February 19, 2025, after allegedly defying an interim injunction that barred his swearing-in as MP.

The injunction stemmed from an election petition filed at the Koforidua High Court.

In response, Mr. Kumi filed an application for certiorari and prohibition at the Supreme Court in February, seeking to overturn the conviction and nullify the ongoing proceedings.

His legal counsel, Gary Nimako Marfo, argued that the High Court lacked jurisdiction, as the Electoral Commission had not published the gazette notification of the Akwatia parliamentary election results at the time the petition was filed.

The legal team also accused the High Court judge of bias and procedural unfairness, citing breaches of natural justice, including the refusal to grant an audience to Kumi’s counsel on technical grounds.

Grounds for the Supreme Court Application

Mr. Kumi’s application was anchored on three primary grounds:

1. The High Court judge acted outside his jurisdiction by entertaining an election petition filed before official results were gazetted.

2. The contempt hearing proceeded unlawfully despite a pending motion challenging the court’s jurisdiction.

3. The judge demonstrated bias by denying the applicant legal representation over procedural technicalities.

Based on these arguments, Mr. Kumi sought six reliefs, including:

• A declaration that the election petition was null and void.

• A reversal of the contempt conviction and related rulings

• An order prohibiting the High Court judge from continuing with the sentencing process.

With the Supreme Court’s ruling, all orders and proceedings related to the contempt case have now been set aside.