In a motion on notice for an order for certiorari and prohibition, the MP though his counsel contends that the High Court judge committed a jurisdictional error of law on the face of the record when he assumed jurisdiction in Parliamentary Election Petition at Akwatia Constituency at the time when the Electoral Commission had not published the Gazette Notification.
The MP held that the High Court Judge breached the rules of natural justice when he proceeded to hear and determine the contempt application despite the pendency of his (the MP) motion to set aside the said contempt application for want of jurisdiction
According to him, the High Court Judge was also biased and highly prejudiced against him when he, among others, refused to grant his counsel audience on the basis that counsel had not filed “Appearance” in the contempt application.
The MP was therefore seeking a declaration that the Petition filed by Henry Boakye-Yiadom, the first Interested Party (IP) on December 31, 2024 in the absence of the Gazette Notification of the Parliamentary Election Result to which the election relates was incompetent as same did not properly invoke the jurisdiction of the High Court and that “any order founded on the same is void and of no effect.”
Mr Kumi is also seeking a “declaration that the Contempt Proceedings and Ruling dated 19th February 2025, found on premature election petition filed on 31st December 2024 is void and of no effect.”
The MP is further praying for an order of certiorari from the Supreme Court quashing the Koforidua High Court ruling dated February 19, 2025, the petition filed on December 31, 2024 and Interim Injunction order on January 2, 2025 and ruling on January 6, 2025, made pursuant to the said premature Election Petition, filed December 31, 2024.
Furthermore, the MP is praying for an order quashing the ruling delivered on the Contempt application and the Execution of the Bench Warrant issued by the Koforidua High Court dated February 19, 2025.
Also, he is seeking an order against the High Court Judge from proceeding to sentence him (Mr Kumi) pending the hearing and determination of the instant suit.
Mr Gary Nimako Marfo is counsel for the MP.
The Electoral Commission and Clerk to Parliament are the second and third Interested Parties in the matter.
GNA
