John Darko, Member of Parliament for Suame, has justified the Minority’s decision to allow Akwatia MP Ernest Kumi to be sworn in, arguing that the legal action against him had not yet taken full effect at the time.
His defense comes after the High Court in Koforidua convicted Kumi for contempt on Wednesday, February 19, for defying an interim injunction that barred him from assuming office as a legislator.
Presiding Judge Justice Emmanuel Senyo Amedahe also issued a bench warrant for Kumi’s arrest after he failed to appear in court for sentencing.
In response, the Minority has filed a notice of appeal and a stay of execution against the court’s decision.
Speaking on Eyewitness News on Citi FM on Thursday, Darko elaborated on the events of January 6, explaining the legal grounds for Kumi’s swearing-in despite the injunction.
“If you look at the situation on the night of the 6th January, clearly we were of the firm belief that no action could have been brought to legally restrain him from coming to Parliament and being sworn in because the law is very clear on when an action of this nature matures,” stated Darko.
He pointed to the constitution and the Representation of the People’s Act, which stipulates that an action challenging the election of a parliamentarian can only be initiated 21 days after the gazetting of the election results.
According to Darko, Kumi’s election results were gazetted on January 6th, making any legal action prior to that date premature.
“So there is no way anybody should have properly or, in our view, brought an action to challenge his election, and that is why we went ahead because legally we believe that the action that was brought on the 31st or so hadn’t matured to be brought in the first place—that is why we allowed him to be sworn in,” Darko explained.
Darko further asserted that the court did not have the jurisdiction to entertain the matter initially because the legal challenge had not matured.
“The court did not have the jurisdiction in the first place because the matter had not matured to be brought before the court,” he said.
Read also…
Ernest Kumi: NPP files appeal challenging High Court decision
