The Supreme Court has adjourned to January 28, 2026 to deliver its ruling in the Kpandai parliamentary election dispute after hearing arguments from Counsel for the various parties.
The apex court, presided over by Justice Gabriel Scott Pwamang, as President, and sitting with Justices OmoroTanko, Yonny Kulendi, Samuel Asiedu and Henry Anthony Kwofie said its decision will bring finality to all outstanding issues arising from the petition.
The court also ordered that the existing injunction restraining a rerun of the election should remain in force until judgment day.
At the heart of the dispute is a controversy over the date on which the Electoral Commission (EC) gazetted the Kpandai election results, a determination that affects whether the election petition was filed within the constitutionally mandated time frame.
Applicant’s Case
Counsel for the applicant (Matthew Nyindam), Gary Nimako Marfo urged the court to invoke its supervisory jurisdiction under Article 132 of the Constitution and relevant statutes to quash the judgment of the High Court in Tamale (Commercial Division) delivered on November 24, 2025.
According to Mr Nimako Marfo, the High Court committed a jurisdictional error by entertaining a parliamentary election petition filed on January 25, 2025 when, in his view, the results had already been gazetted on December 24, 2024.
He argued that Article 99 of the Constitution and Section 18 of PNDC Law 284 clearly provide that a parliamentary election petition must be filed within 21 days after the gazette of the official results.
Based on the December 24, 2024 gazette, he submitted that the petition filed by Daniel Nsala Wakpal was out of time and therefore “incurably bad.”
“The learned High Court judge ought to have satisfied himself that he had jurisdiction before assuming jurisdiction,” counsel submitted, adding that the failure to do so rendered the entire proceedings and judgment null and void and liable to be quashed by the Supreme Court.
Respondent’s Opposition
Counsel for the first interested party, Sika Abla Addo, appearing for Daniel Nsala Wakpal, opposed the application, relying on an affidavit in opposition and a statement of case filed on January 6.
She accused the applicant of “cherry-picking” gazette notifications and argued that there were two relevant gazettes – dated December 24, 2024 and January 6, 2025.
According to her, the January 6, 2025 gazette should take precedence, as it formed the basis upon which the High Court assumed jurisdiction and heard the petition.
“With all intent and purposes, the court was satisfied that there was a gazette notification on January 6, 2025 and it was on the back of this that the court proceeded to hear the matter and delivered judgment,” she told the court, urging the justices to uphold the High Court’s decision.
Electoral Commission’s Position
Justin Amenuvor, Counsel for the Electoral Commission told the court that in similar cases, including the Akwatia matter, several gazettes circulating were online publications.
He said he personally went to the Assembly Press to obtain the officially published gazette when the issue arose.
Court’s Interventions
During proceedings, Justice Pwamang questioned the applicant’s reliance on Article 99 of the Constitution, noting that it sets out remedies in election matters.
He directed counsel to read Article 99(2) and queried whether the proper forum ought to have been the Supreme.
Mr. Nimako Marfo maintained his position in response.
After hearing all parties, the court adjourned the case to January 28, 2026 for judgment, with the injunction against any rerun of the Kpandai election to remain in force until then.
