Supreme Court grants Ernest Kumi right to challenge contempt conviction

In a landmark decision, the Supreme Court of Ghana has ruled that Ernest Kumi, convicted for contempt by a Koforidua High Court, has the right to be heard in his appeal challenging the conviction.

The ruling, delivered by a five-member panel, marks a significant turning point in the case, which has been marred by controversy and allegations of unfair treatment.

The case stems from a parliamentary election petition in Akwatia, which led to a series of legal disputes before the Koforidua High Court. Kumi, represented by Gary Nimako Marfo, had initially filed a certiorari and prohibition application at the Supreme Court on January 8, 2025.

The application sought to challenge a ruling by High Court Judge, Emmanuel Senyo Amedahe, delivered on January 6, 2025, concerning an interim injunction and alleged reliance on unofficial sources in court proceedings.

Eresnt Kumi’s legal team argued that the High Court judge had improperly relied on information from an online news portal regarding the Electoral Commission’s gazetted parliamentary results to make a ruling.

They further contended that despite filing a stay of proceedings, the High Court continued its hearings without affording Kumi a fair opportunity to be heard.

On February 5, 2025, Ernest Kumi’s counsel also filed an application for the presiding judge to recuse himself, but this was dismissed in a ruling on February 6, 2025.

The High Court subsequently convicted Kumi for contempt on February 19, 2025, despite the pending application challenging the jurisdiction of the court.

However, in a dramatic turn of events, the Supreme Court has now ruled that Kumi has the right to challenge his conviction, citing exceptional circumstances that allow a contemnor to be heard.

The Supreme Court’s decision was delivered by a five-member panel consisting of Justices Gabriel Pwamang, Henrietta Mensa-Bonsu, Ernest Gaewu, Henry Anthony Kwofie, and Richard Adjei-Frimpong. Justice Pwamang dissented, while the majority ruled in favor of Ernest Kumi.

The court’s ruling has been hailed as a victory for justice and a testament to the independence of the judiciary.

The case has been adjourned to March 26, 2025, for a substantive hearing on the issues raised in Kumi’s application.

The full written ruling detailing both majority and dissenting opinions will be made available by March 21, 2025.