Jerry Ahmed Shaib
The Minority Caucus in Parliament has called for immediate action to resist what they describe as judicial overreach.
The call follows recent legal proceedings against Ernest Yaw Kumi, the Member of Parliament (MP) for Akwatia Constituency.
At a press briefing in Parliament addressed by Jerry Ahmed Shaib, Weija-Gbawe MP, the caucus expressed serious concerns over the ongoing contempt of court application filed against the MP and warned that any attempt to undermine the democratic will of the people through the judicial process must be firmly opposed.
The Minority highlighted what they believe to be a pattern of legal actions aimed at subverting the democratic choice of the people of Akwatia.
The issues stem from an election petition filed by the National Democratic Congress (NDC) parliamentary candidate for Akwatia, Henry Boakye-Yiadom, challenging the results of the 2024 parliamentary elections.
The petition was lodged on December 31, 2024, and included an ex-parte motion for an interim injunction against Mr. Kumi, who had been declared the winner of the election.
The Minority argued that the injunction was granted without the proper legal process being followed.
They pointed out that the jurisdiction of the court had not been properly invoked, as the election results for Akwatia had not yet been published in the official Gazette, a key requirement under the country’s electoral laws.
According to the laws, election petitions must be filed within 21 days after the results of the election are gazetted.
The Minority argued that the gazetting of the Akwatia election results, which occurred on January 6, 2025, came too late for the petition to be properly filed on December 31, 2024.
The Minority said their concerns were further compounded by the behaviour of the presiding judge, Justice Emmanuel Senyo Amedahe, who they claim continued hearing the case despite the lack of jurisdiction and ongoing legal challenges.
The Minority again pointed to the judge’s actions after the ruling of January 6, 2025, where he allegedly sought to convict Mr. Kumi for contempt despite the ongoing legal uncertainty.
They raised concerns about the judge’s refusal to recuse himself from the case after being asked to do so on the grounds of bias. The Minority also criticised the judge’s decision to ignore the legal motions filed at the Supreme Court, further fueling suspicions of partisan interference in the case.
In addition to raising alarm about the alleged judicial overreach, the Minority called on all well-meaning Ghanaians, civil society organisations, and relevant authorities to ensure that justice is fairly applied, without political interference.
The Minority emphasised that it is critical for the country’s democratic integrity that the rule of law be upheld, and that the judicial system not be manipulated to serve partisan interests.
The Minority also outlined the legal steps taken by Mr. Ernest Yaw Kumi to challenge the court’s jurisdiction, including an application for certiorari and prohibition at the Supreme Court.
The Minority vowed to continue supporting Kumi’s legal defence and to monitor the proceedings closely.
“The judicial system must never be used to undermine the will of the people,” the Minority said.
“We will not allow any attempt to subvert democracy, and we call for fair and just processes to be followed,” he added.
By Ernest Kofi Adu, Parliament House