The Supreme Court has set June 11 to rule on two applications filed by embattled Member of Parliament for Akwatia, Ernest Yaw Kumi.
The legislator is challenging the decision by the Koforidua High Court and also wants the apex court to quash an injunction filed against him preventing him from holding himself as MP.
The apex court had earlier adjourned the case for ruling on Wednesday, April 30. However, when the case was called, the 5-member panel of justices, chaired by Justice Gabriel Pwamang disclosed that the decision of the court was not ready.
“Unfortunately, the court has been occupied, and we have not concluded our judgement. So, bear with us. We will give a date and deliver our judgement on that day. Case is adjourned to 11th June for ruling.”
Background
Ernest Yaw Kumi through his lawyers argue that the Koforidua High Court breached the rule of natural justice by not hearing multiple interlocutory applications they had filed prior to the court finding him guilty of contempt.
They want the court to determine whether the High Court had jurisdiction to hear the election petition filed by NDC Parliamentary candidate Henry Boakye Yiadom, which resulted in the court’s injunction and subsequent committal for contempt of court.
They indicated to the court that lawyers of Boakye Yiadom read an online news story purporting that the Electoral Commission had gazetted the results. Lead counsel for the MP, Gari Nimako Marfo noted that the presiding high court judge erred in law when he proceeded to grant the injunction application by the NPP candidate.
But lead counsel for Boakye Yiadom, Bernard Bediako Baidoo, opposed the argument by Gary Nimako.
He argued that there is no rule which states that a hard copy of the gazette notification must be presented to the court before it can deal with the case.
He added that they had confirmed with the Ghana Publishing Company on the authenticity of the gazette document.
Lawyer for the Electoral Commission, cited as an interested party pleaded with the court to rely on the record of the court.
Justin Amenuvor argued that the affidavit in support of the application states that at the time the court made its decision, there was no record before it as to the gazette notification, and that has not been contested by lawyers for Boakye Yiadom.
