Former Tamale Central MP and lawyer, Inusah Fuseini has emphasized that disregarding the courts can have severe consequences, urging politicians to respect legal processes.
Legal experts and political commentators have cautioned politicians against underestimating the power of the judiciary, following the conviction of Ernest Kumi, the New Patriotic Party (NPP) Member of Parliament for Akwatia.
“No politician should underestimate the power of the court. You may disagree with them, but they can deal with you”.
Inusah Fuseini, Former Tamale Central MP and Lawyer
His comments come in the wake of a court ruling against Kumi, which led to the issuance of a bench warrant for his arrest.
Legal experts argue that while Kumi and his legal team still have options within the judicial system, his best course of action is to appear before the court immediately to avoid further complications.
Fuseini advised Kumi to act quickly, suggesting that failing to do so could lead to embarrassment or even forceful arrest.
“A bench warrant has been issued. The court warrant is now with the officers who have to execute it. Now, even if they are aware that there are pending processes in court, they might still want to embarrass him.
“If I were his lawyer, I would advise him to appear in court immediately and draw the court’s attention to the pendency of these matters”
Inusah Fuseini, Former Tamale Central MP and Lawyer
The issue of parliamentary immunity has also been raised in Kumi’s defense.
However, Fuseini clarified that due to the legal disputes surrounding his election, the court does not officially recognize him as an MP, meaning he is not entitled to the usual parliamentary protections.
“The court is not recognizing him as an MP, so he can’t be accorded those courtesies. Go to court simply and have the proper things done” he stated.
A Legal Misstep? Could Kumi Have Avoided This?
Private legal practitioner Bobby Banson weighed in, noting that Kumi’s current predicament could have been avoided if he had made different legal choices.
He highlighted that politicians often act based on political considerations rather than legal reasoning, which sometimes leads to unnecessary complications.
“There are a few people a lawyer doesn’t try to advise: a politician and someone in love” Banson remarked. “However, it’s not too late for Ernest Kumi to undo what has already been done.”
He explained that Kumi’s decision to proceed with his swearing-in despite the legal uncertainties might have worsened his situation.
“If he had not been sworn in, it would not have affected the fact that if he says that he had been elected, eventually the orders that have been made by the court would have been set aside anyway.
“Now, he has decided to go ahead, and all these scandals have come up. He still has to deal with it”
Bobby Banson, Private Legal Practitioner
Despite the ongoing challenges, Banson believes that Kumi still has legal options to minimize the damage.
“Going forward, at least on the next day to avoid further embarrassment, because once the bench warrant has been issued, it must be executed, he can just voluntarily appear before the court with his counsel, raise the evidence of the processes that have been filed, and I want to think that the judge, if he’s minded, will consider the documents before him”
Bobby Banson, Private Legal Practitioner
Judiciary Under Political Scrutiny
Kumi’s conviction has also reignited debates over alleged judicial bias, with some members of the NPP suggesting that the ruling was politically motivated.
However, Banson warned against such narratives, arguing that they could undermine public confidence in the judiciary.
“We must be cautious” he warned, adding “once we start claiming that the judiciary has been politicized, we risk undermining its credibility in the eyes of the public. It’s crucial that we actively discourage this”
He further explained that political cases receive excessive public attention despite representing a small fraction of the judiciary’s workload.
“Political cases do not make up even 2% of the cases that are heard.
“But the moment politicians say that the judiciary is being used as a weapon, the ordinary citizen who depends on the judiciary for justice may begin to doubt the system”.
Bobby Banson, Private Legal Practitioner
He urged politicians to avoid spinning court decisions for political gain, as this could set a dangerous precedent that erodes trust in the judiciary.
Ernest Kumi’s legal troubles began with a challenge to his eligibility to contest the Akwatia parliamentary seat. His election was disputed in court, leading to a ruling against him.
Despite this, he went ahead with his swearing-in as an MP, a decision that has since led to further legal complications.
The court later issued a bench warrant for his arrest after he failed to comply with its directives.
His legal team has since filed applications challenging aspects of the ruling, but the conviction remains on record, with sentencing yet to be determined.
Kumi’s next move will be crucial in determining how his case unfolds.
Legal experts have advised him to appear before the court voluntarily, as resisting the bench warrant could worsen his situation.
Meanwhile, political debates continue over whether his conviction was purely legal or influenced by external factors.
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