Legal practitioner and member of the Legal Directorate of the New Patriotic Party (NPP) has expressed strong reservations over the recent conviction of the Akwatia Member of Parliament (MP), Ernest Yaw Kumi in a contempt case.
Speaking on JoyNews' Newsfile on Saturday, February 22, Kingsley Amoakwa-Boadu, argued that the judge erred in the ruling.
“I strongly believe that the judge erred in the decision he has made. I say this carefully because I have always advocated that we should not drag the judiciary into the political space. Judges are there to do their job, and they are bound to make mistakes. When they do, it is our duty to follow due process, which is exactly what we are doing,” he explained.
Mr Amoakwa-Boadu further criticised the judge's reliance on a Gazette notice allegedly found on social media as a basis for the ruling.
He noted "there is a legal requirement to verify such Gazette notices through proper channels, such as the Electoral Commission or the Ghana Publishers. Simply relying on social media is insufficient and flawed."
“This case is unique. The judge claimed to have taken judicial notice of a Gazette posted on social media, which supposedly confirmed the election results. Based on that, he proceeded to entertain the petition. This is highly problematic."
He further questioned the validity of the petition itself, noting that petitions should be filed within 21 days after official gazetting.
“Everything built upon this flawed foundation is inherently unstable,” Amoakwa-Boadu insisted.
His comment comes after a Koforidua High Court 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 issued the bench warrant for Kumi's arrest after he failed to attend court because he disobeyed an interim injunction against him on January 7, prohibiting him from being sworn in and admitted as the Member of Parliament-elect for the Akwatia constituency due to an ongoing legal contest over his election.
Mr Kumi presented himself in Parliament to be sworn in on January 7, 2025.
He revealed that his team has filed several legal processes, including an application for a stay of execution and other motions at both the High Court and the Supreme Court over the decision taken by the court.
“I am convinced of the grounds for each application. As a senior lawyer, I am mindful not to prejudice the case, but I am confident in our legal position,” he added.
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