A Koforidua High Court has issued a bench warrant for the arrest of Ernest Yaw Kumi, the presumed winner of the Akwatia parliamentary seat in the Eastern Region, after convicting him of contempt of court.
The court took this decisive action after Mr Ernest Yaw Kumi failed to appear before it during proceedings related to his disobedience of an interim injunction.
The injunction, granted on January 6, 2025, had barred him from being sworn in as the Member of Parliament (MP) for the Akwatia constituency. However, Mr Kumi disregarded the order and presented himself in Parliament for swearing-in on January 7, 2025.
The injunction was secured by Henry Boakye-Yiadom, the National Democratic Congress (NDC) parliamentary candidate for Akwatia, who is contesting the Electoral Commission’s (EC) declaration of Kumi as the winner of the December 7, 2024, parliamentary election.
On January 6, the Koforidua High Court presided over by Justice Senyo Amedahe, dismissed an application by the New Patriotic Party (NPP) seeking to overturn the injunction.
The judge not only upheld the restriction on Kumi’s swearing-in but also awarded a cost of GHS 10,000 against the NPP.
Despite this ruling, Kumi went ahead to participate in the swearing-in ceremony at Parliament the following day, an act the court has now ruled as contempt.
During today’s court session, Justice Amedahe stressed that Mr Kumi had continuously failed to appear in person throughout the contempt proceedings.
The judge rejected a letter purportedly from the Minority Caucus in Parliament, which claimed that Kumi was occupied with parliamentary duties and therefore unable to attend court.
“The court will not entertain a letter from the Minority Caucus of Parliament because that would amount to an inconsistency on my part. I have already ruled that the gentleman should not be recognized as an MP. If I accept this letter, it means I am validating his unlawful swearing-in”.
Justice Senyo Amedahe
Consequently, the judge issued a bench warrant for Kumi’s arrest, directing law enforcement agencies, including the police and national security, to apprehend him and bring him before the court for sentencing.
NDC Lawyer Reacts: “The Law Must Take Its Course”
Reacting to the court’s decision, Bernard Baidoo Esq., legal counsel for NDC’s Henry Boakye-Yiadom, described the ruling as a victory for the rule of law.
“You will recall that last week, we moved an application to have Ernest Yaw Kumi convicted and sentenced for willfully disobeying a lawful court order. Today, the court has affirmed that he is guilty of contempt”.
Bernard Baidoo Esq., Counsel for NDC’s Parliamentary Candidate Henry Boakye-Yiadom
He detailed the legal journey leading to Kumi’s conviction, emphasizing that the case was first filed on December 31, 2024.
He recounted how Mr Kumi had been served with the interim injunction but instead of complying, he filed an application to set it aside. The court, however, dismissed this application on January 6, 2025.
“Despite the court’s clear orders, he deliberately ignored them and presented himself in Parliament to be sworn in. He has since held himself as an MP, in direct violation of the court’s ruling”.
Bernard Baidoo Esq., Counsel for NDC’s Parliamentary Candidate Henry Boakye-Yiadom
Lawyer Baidoo pointed out that during today’s hearing, Lawyer Gary Nimako believed to be representing Mr Kumi, attempted to interrupt the ruling by claiming that he had filed new processes seeking to stay the court’s decision.
However, according to him, Justice Amedahe refused to acknowledge his intervention, stating that he had no standing in the contempt case.
“The court does not recognize you in this matter because the accused, Ernest Yaw Kumi, has not filed an appearance in this contempt case. Contempt proceedings have a different standard of proof and case number, and an accused person must appear in person or have a properly filed appearance”.
Bernard Baidoo Esq., Counsel for NDC’s Parliamentary Candidate Henry Boakye-Yiadom quoted Justice Amedahe
Lawyer Baidoo also criticized Nimako’s actions, expressing surprise that a senior lawyer would attempt to stop a contempt ruling without proper legal basis.
Following his conviction, Mr Kumi now faces imminent arrest. According to the court’s directive, security agencies have been alerted to locate and detain him so that sentencing can proceed.
“The law is clear—if you disobey a lawful court order, you must face the consequences. As of now, Ernest Yaw Kumi has been convicted of contempt. The next step is for law enforcement to apprehend him and present him before the court for sentencing”.
Bernard Baidoo Esq., Counsel for NDC’s Parliamentary Candidate Henry Boakye-Yiadom
The severity of Mr Kumi’s punishment will be determined once he is in court, but the rules of the court he could face a custodial sentence or a hefty fine, depending on the judge’s final ruling.
This ruling is expected to have significant political and legal ramifications. The Akwatia parliamentary seat remains a battleground, with the NDC contesting Mr Kumi’s legitimacy.
If the contempt conviction leads to further legal disqualifications, a by-election could be on the horizon.
READ ALSO: NPA Seeks Solutions to Cut Demurrage Costs
