The Supreme Court of Ghana has overturned the contempt conviction against Ernest Yaw Kumi, the New Patriotic Party (NPP) Member of Parliament for Akwatia, effectively ending all punitive actions related to the case.
In a majority 4–1 decision delivered on Wednesday, June 11, the apex court also nullified the execution of a bench warrant issued for Mr. Kumi’s arrest by the Koforidua High Court
The ruling bars High Court Judge Emmanuel Senyo Amedahe from proceeding with sentencing, bringing a halt to the contempt proceedings initiated earlier this year.
The matter stemmed from a ruling issued on February 19, 2025, by Justice Emmanuel Senyo Amedahe of the Koforidua High Court, who convicted the MP for contempt and issued a bench warrant following allegations that Mr. Kumi had defied an interim injunction halting his swearing-in as MP for Akwatia.
In response, Mr. Kumi filed an application at the Supreme Court in February 2025, seeking a certiorari to quash the contempt conviction and a prohibition to prevent further proceedings by the High Court judge.
Represented by legal counsel Gary Nimako Marfo, Mr. Kumi argued that the High Court erred in assuming jurisdiction over an election petition without a gazette notification of the Akwatia parliamentary election results from the Electoral Commission — a constitutional requirement before such petitions can be lawfully heard.
Mr. Kumi’s application was based on three key arguments:
Jurisdictional Error: He argued that the High Court lacked jurisdiction since the Electoral Commission had not published the official results in the gazette before the petition was filed on December 31, 2024.
Breach of Natural Justice: He claimed that the judge violated his right to a fair hearing by proceeding with the contempt application despite a pending motion challenging the court’s jurisdiction.
Alleged Judicial Bias: Mr. Kumi also accused Justice Amedahe of bias, citing the court’s refusal to hear his legal counsel due to a technicality regarding the filing of an appearance.
Based on these grounds, Mr. Kumi sought six forms of relief, including a declaration that the initial petition and related rulings were void, and an order to quash all proceedings and injunctions issued by the High Court.
The Supreme Court granted the reliefs by a majority decision. The panel was chaired by Justice Gabriel Scott Pwamang, who was the sole dissenter. The majority ruling was supported by Justices Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Kwofi, and Adjei Frimpong.
The Court’s decision nullifies the contempt conviction, the bench warrant, and restrains Justice Amedahe from proceeding with any sentencing related to the matter.
The ruling underscores the constitutional requirement for gazetted election results before a parliamentary election petition can be adjudicated.
This ruling marks a significant legal victory for Mr. Kumi and brings finality to a high-profile dispute surrounding his legitimacy as MP for Akwatia.
