The Koforidua High Court has dismissed an application filed by lawyers of the New Patriotic Party (NPP) MP for the Akwatia Constituency Ernest Kumi, seeking the recusal of the trial judge from continuing to hear the matter before the court.
The court also awarded a cost of GHC10,000 against the applicant, who is a member of the New Patriotic Party (NPP) Ernest Kumi, in favour of the National Democratic Congress (NDC).
In a ruling on the case on Thursday, February 6, the judge indicated that as the trial judge, he cannot be on trial in his own court and that it is for the Supreme Court to make a determination on an application filed by Gary Nimako who represented Ernest Kumi in court.
The applicant defied an injunction placed on him by the court not to hold himself as the Member of Parliament elect for the Akwatia Constituency and went ahead to be sworn into parliament forcing lawyers of the National Democratic Congress Parliamentary Candidate for Akwatia in 2024 elections Henry Boakye to file a contempt case against him.
Briefing journalists after proceedings in court on Thursday, counsel for the NDC candidate Bernard Bediako Baidoo explained reasons for filing the contempt case against Ernest Kumi.
“He disobeyed the court after an application to set aside an injunction by the honourable court and got himself sworn in. We filed a contempt case against him, we were not getting him to serve him, so we filed an application to serve him through Substituted Service, which the court granted. Upon receiving the service, the NPP Gary Nimako filed that the judge was being biased.”
He added ”He had already filed an appeal against the judge’s decisions and also filed a certiorari prohibition at the Supreme Court seeking to quash whatever the Judge said. And so the judge did not have any mandate to proceed in the matter. We argued about it yesterday in court.
“In rebuttal, I stated that the position of the law is clear, if you disagree with an order of a court, you either appeal or go to the Supreme Court to file. The Court upheld that you cannot trial the trial judge in his own court. It is only when the Supreme Court gives a decision and issues a certiorari prohibition then the trial judge can be recused. You cannot come ahead of the Supreme Court, that is prejudicial.”
Both parties are expected to return to the High Court on February 13, 2025, for the contempt case filed against Ernest Kumi to be heard after being served.
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