The Minority in Parliament has welcomed the Supreme Court’s decision to quash the Tamale High Court judgment that annulled the 2024 parliamentary election in Kpandai and ordered a re-run, describing the ruling as a restoration of constitutional due process and respect for the freely expressed will of the voters.
In a statement issued on Wednesday, January 28, 2026, and signed by the Minority Leader, Alexander Kwamena Afenyo-Markin, the caucus said the apex court’s 4-1 majority decision made it clear that the High Court lacked jurisdiction to hear the election petition because it was filed outside the mandatory 21-day period from the date the results were gazetted by the Electoral Commission.
According to the Minority, the Supreme Court by setting aside the High Court ruling in full, has confirmed that no re-run will take place in Kpandai and that Matthew Nyindam of the New Patriotic Party remains the duly elected Member of Parliament for the constituency.
The Minority described the judgment as a broader correction for Ghana’s democratic system, emphasising that courts, political parties and state institutions must strictly adhere to statutory timelines and jurisdictional limits in election matters. Once a winner is lawfully declared and gazetted, the rules cannot be altered retroactively under any pretext, the statement added.
“By a clear 4–1 majority, the Supreme Court has held that the Tamale High Court lacked jurisdiction to entertain the Kpandai election petition because it was filed outside the strict statutory time limits that govern all parliamentary election challenges. In doing so, the Court has underscored a basic but vital principle: no court, no party and no institution of state may, under any pretext, rewrite the rules after an election has been held and a winner duly declared and gazetted. Where the law says a petition must be filed within a fixed window from the date of gazette, any action outside that window is a nullity and any judgment founded on such a petition cannot stand,” the statement said.
The caucus, however, strongly criticised Parliament’s decision to declare the Kpandai seat vacant and notify the Electoral Commission of the vacancy based solely on the contested High Court ruling, even though appeals and applications for stay of execution were still pending.
This action, the Minority said, was premature, reckless and inconsistent with established parliamentary practice. It triggered preparations for a re-run originally scheduled for December 30, 2025 — a process the Supreme Court had to intervene to suspend in December 2025 by ordering the Electoral Commission to halt all related activities.
The statement contrasted this approach with previous cases involving MPs such as Dan Abodakpi (Keta), Adamu Dramani Sakande, Kwame Nyimakan and James Gyakye Quayson, where Parliament waited for final appellate outcomes or clear court orders before treating seats as vacant, demonstrating restraint to preserve representation during ongoing legal processes.
In response to the Supreme Court ruling, the Minority called for the immediate and formal withdrawal of any remaining notifications or administrative steps suggesting the Kpandai seat is vacant, so that the records of Parliament and the Electoral Commission correctly reflect the court’s decision and Nyindam’s continuing mandate.
The caucus also urged Parliament, under the leadership of the Speaker, to conduct a thorough internal review to ensure that vacancy notifications are never issued in future while appeals or stay applications remain pending, unless a final court explicitly directs otherwise.
Further, the Minority called on all sides of the House to recommit to the long-standing practice of respecting the hierarchy of courts and awaiting final judicial determination before taking irreversible steps that affect the composition of Parliament.
The statement acknowledged the National Democratic Congress’ expressed disagreement with parts of the ruling and its consideration of a possible review application, but stressed that any disagreement must be pursued through proper legal channels such as reasoned critique or the Supreme Court’s review procedures — never by acting on an unfinalised judgment to prematurely alter Parliament’s makeup.
The Minority expressed appreciation to the Supreme Court bench for the decision and anticipated that the full written judgment would offer valuable clarity on jurisdiction and timelines in election petitions.
It also thanked Nyindam’s legal team for their dedicated advocacy and commended the people of Kpandai, especially supporters of the New Patriotic Party in the constituency, for standing firmly by him throughout the legal challenge.
The caucus said it looks forward to welcoming Nyindam back to Parliament when the House resumes sitting on February 3, 2026, and pledged to continue defending due process, electoral integrity, and the right of every constituency to have its chosen representative respected without undue interference.
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