The Supreme Court of Ghana has overturned the Tamale High Court ruling that had nullified the parliamentary election results for the Kpandai Constituency in the Northern Region, thereby stopping the Electoral Commission’s scheduled rerun of the election.
The apex court reached its decision by a 4–1 majority. Justice Gabriel Scott Pawmang, who chaired the panel as President of the Bench, dissented. The majority justices were Yonny Kulendi, Amadu Tanko, Samuel Asiedu, and Henry Kwofie.
The Court granted the application for certiorari brought by New Patriotic Party (NPP) Member of Parliament Matthew Nyindam, who had contested the High Court’s jurisdiction to invalidate his election. The full reasons for the judgment are expected to be issued on 6 February 2026.
Matthew Nyindam maintained that the Tamale High Court lacked jurisdiction because the parliamentary election petition lodged by National Democratic Congress (NDC) candidate Daniel Nsala Wakpal was filed beyond the mandatory 21-day period. He pointed out that the Kpandai results were first gazetted on 24 December 2024, meaning the petition submitted on 25 January 2025 was statute-barred.
His legal team submitted that any orders made by the High Court including the annulment of his election and the instruction for a rerun were therefore invalid and of no effect, necessitating Supreme Court intervention.
NDC’s Counterargument
Counsel for NDC candidate Daniel Nsala Wakpal responded that the operative Gazette notice was published on 6 January 2025 and encompassed results for all constituencies, including Kpandai. They asserted that the petition was filed comfortably within the 21-day statutory window. They further contended that Nyindam had previously relied on the January Gazette in related proceedings and could not now adopt a contradictory stance without raising questions of estoppel and fairness.
Electoral Commission’s Stance
The Electoral Commission (EC) had planned to conduct the rerun on 31 December 2025 in line with the High Court’s decision but noted that multiple Gazette publications existed, corresponding to different groups of constituency results. The rerun timetable was suspended pending the Supreme Court’s determination.
Consequences of the Ruling
By quashing the Tamale High Court judgment, the Supreme Court has halted the proposed rerun of the Kpandai parliamentary election. This leaves Matthew Nyindam’s seat in Parliament secure, allowing him to resume his role as the elected representative for the people of Kpandai.
Editor:
Obiri-Yeboah
