The Minority in Parliament has stated that no court, political party or institution of state may, under any pretext, rewrite the rules after an election has been conducted, a winner duly declared and gazetted.
This position was contained in a statement issued following the Supreme Court’s decision to quash the judgment of the Tamale High Court that annulled the 2024 Parliamentary Election in the Kpandai Constituency and ordered a rerun.
The statement, signed by the Minority Leader, Osahen Alexander Kwamena Afenyo-Markin, welcomed what it described as a landmark ruling by the apex court, which by a 4–1 majority held that the High Court lacked jurisdiction to entertain the election petition because it was filed outside the strict statutory timelines governing parliamentary election challenges.
According to the Minority, the Supreme Court’s decision restores the unequivocal mandate freely and lawfully conferred by the people of Kpandai on their Member of Parliament, Matthew Nyindam, and reaffirms the primacy of the Constitution, due process and electoral finality in Ghana’s democratic system.
The Minority explained that in reaching its decision, the Supreme Court underscored a fundamental constitutional principle: that where the law prescribes a fixed period within which an election petition must be filed, any action brought outside that window is a nullity and any judgment founded on such a petition cannot stand.
As a result, the Minority said the Supreme Court, acting in the exercise of its supervisory jurisdiction, set aside in its entirety the High Court judgment invalidating the Kpandai election and ordering a constituency-wide rerun.
The effect of the ruling, the statement stressed, is that there will be no rerun in Kpandai and that Matthew Nyindam remains, in law and in fact, the duly elected Member of Parliament for the constituency.
Beyond the immediate case, the Minority described the ruling as a systemic correction for Ghana’s democracy, noting that it sends a strong signal to all trial courts that strict compliance with jurisdictional limits, timelines and statutory remedies in election matters is not optional.
The Minority further stated that the decision reassures voters that their sovereign will, once lawfully expressed and declared, cannot be lightly overturned through litigation mounted outside the confines of the law.
However, the statement expressed grave concern about what it termed the premature and constitutionally unsafe actions taken by Parliament, acting through the Clerk, in declaring the Kpandai seat vacant and notifying the Electoral Commission while appeals and applications for stay of execution were still pending.
According to the Minority, that notification, based solely on a first-instance High Court decision that was still under challenge, triggered preparations by the Electoral Commission for a December 30, 2025 rerun – plans that the Supreme Court was ultimately compelled to halt.
The Minority noted that the apex court had earlier ordered the suspension of all processes related to the rerun pending the final determination of the case, an order it said should not have been necessary had Parliament adhered to its long-standing practice of awaiting final judicial outcomes before activating vacancy procedures.
In support of its position, the Minority cited past cases involving Members of Parliament such as Dan Abodakpi, Adamu Dramani Sakande, Kwame Nyimakan and James GyakyeQuayson, where Parliament exercised restraint until appellate processes were concluded or explicit final court orders were issued.
The Minority contrasted those precedents with the handling of the Kpandai case, which it said was treated as though the seat had become vacant automatically, despite pending legal challenges. The Supreme Court’s ruling, it added, has now vindicated the Minority’s consistent position that the actions taken were premature and dangerous to the rule of law.
Following the judgment, the Minority called for the immediate withdrawal of all administrative notices suggesting that the Kpandai seat is vacant, to ensure that the records of Parliament and the Electoral Commission accurately reflect the Supreme Court’s decision.
The statement also called for an internal review within Parliament, under the leadership of the Speaker, Rt. Hon. Alban S. K. Bagbin, to ensure that no future notifications of vacancy are issued while appeals and applications for stay are pending, unless expressly directed by a final court order.
The Minority further urged all sides of the House to recommit to Parliament’s established practice of respecting the hierarchy of courts and awaiting final judicial determination before taking steps that permanently affect representation and the composition of the House.
The statement took note of the National Democratic Congress’ indication that it disagrees with aspects of the ruling and may consider a review, stressing that disagreement with judicial decisions must be pursued only through lawful and constitutional avenues.
In conclusion, the Minority stated that the Supreme Court’s ruling confirms that the people of Kpandai elected their Member of Parliament lawfully on December 7, 2024 and that their right to representation has now been restored and protected.
Matthew Nyindam is expected to resume his seat in Parliament when the House reconvenes on February 3, 2026.
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