Thursday, 29 January

Supreme Court Kpandai ruling: Minority slams Parliament’s “premature” actions

Politics
Alexander Afenyo-Markin, MP for Effutu

The Minority in Parliament has welcomed a Supreme Court decision quashing the judgment of the Tamale High Court that sought to annul the 2024 parliamentary election in Kpandai and order a rerun, describing the ruling as a major victory for constitutionalism and electoral integrity.

In a statement issued on Tuesday, January 28, 2026, and signed by Minority Leader Osahen Alexander Kwamena Afenyo-Markin, the Minority said the apex court’s decision restores the mandate of the Member of Parliament for Kpandai, Hon. Matthew Nyindam, and reaffirms the supremacy of due process in Ghana’s democracy.

By a 4–1 majority, the Supreme Court held that the High Court lacked jurisdiction to hear the election petition because it was filed outside the statutory timelines required by law.

According to the Minority, the ruling confirms that election petitions must strictly comply with legally prescribed time limits and that courts cannot assume jurisdiction where those limits have been breached.

“The effect of this ruling is that there will be no rerun in Kpandai and that Hon. Matthew Nyindam remains, in law and in fact, the duly elected Member of Parliament for the Kpandai constituency,” the statement said.

The Minority described the judgment as a “systemic correction” that extends beyond Kpandai, noting that it sends a strong signal to trial courts to adhere strictly to jurisdictional thresholds in election matters.

It added that the decision reassures voters that their will, once lawfully expressed and declared, cannot be overturned through litigation brought outside the law.

However, the Minority also criticised Parliament for what it called a “reckless and constitutionally unsafe” rush to declare the Kpandai seat vacant while appeals and applications for stay were still pending.

It said the Clerk of Parliament’s decision to notify the Electoral Commission of a vacancy, based solely on a first-instance High Court ruling, led to plans for a December 30, 2025 rerun that was later halted by the Supreme Court.

The statement recalled past precedents involving MPs such as Dan Abodakpi, Adamu Dramani Sakande, Kwame Nyimakan and James Gyakye Quayson, arguing that Parliament has historically exercised restraint by awaiting final judicial determinations before taking steps that affect representation.

The Minority said the handling of the Kpandai case departed sharply from this tradition.

In response to the ruling, the Minority called for the immediate withdrawal of all administrative notifications suggesting that the Kpandai seat is vacant, an internal review within Parliament to prevent similar actions in the future, and a renewed commitment to respecting the hierarchy of courts.

The Minority also acknowledged the National Democratic Congress’ expression of disagreement with aspects of the decision and its intention to consider a review, stressing that disagreements with court rulings must be pursued through lawful and democratic avenues.

“For the avoidance of doubt, today’s ruling means that the people of Kpandai have an MP who was duly elected, duly declared and gazetted, and now duly affirmed by the apex Court,” the statement said.

 

The Minority expressed gratitude to the Supreme Court bench, the legal team of Hon. Nyindam, and the people of Kpandai, particularly supporters of the New Patriotic Party, for their steadfast support throughout the legal process.

It added that Hon. Nyindam is expected to resume his seat in Parliament when the House reconvenes on February 3, 2026.

Source: Classfmonline.com/Cecil Mensah