The Supreme Court of Ghana has set aside the Tamale High Court judgment that annulled the parliamentary election results for the Kpandai Constituency in the Northern Region, effectively halting the Electoral Commission’s planned rerun.
The apex court delivered its decision by a 4–1 majority, with Justice Gabriel Scott Pawmang, who presided as President of the Bench, dissenting. The judges with the majority decision include Justices Yonny Kulendi, Amadu Tanko, Samuel Asiedu and Henry Kwofie.
The Court granted the application for certiorari filed by New Patriotic Party (NPP) Member of Parliament Matthew Nyindam, who had challenged the High Court’s authority to nullify his election. Full reasons for the ruling are expected to be released on 6 February 2026.
Nyindam’s Case: High Court Lacked Jurisdiction
Matthew Nyindam argued that the Tamale High Court acted without jurisdiction because the parliamentary election petition filed by National Democratic Congress (NDC) candidate Daniel Nsala Wakpal was outside the statutory 21-day period. He contended that the Kpandai parliamentary results were initially gazetted on 24 December 2024, making the petition submitted on 25 January 2025 time-barred.
His legal team argued that any orders issued by the High Court—including the annulment of his election and the directive for a rerun—were therefore null and void, warranting intervention by the Supreme Court.
NDC Contends Petition Was Timely
Lawyers for the NDC candidate Daniel Nsala Wakpal countered that the relevant Gazette was issued on 6 January 2025, covering all constituencies including Kpandai, and that the petition was filed well within the 21-day statutory period.
They also argued that Nyindam had relied on the January Gazette in earlier proceedings and could not now reverse his position without raising issues of estoppel and fairness.
Electoral Commission’s Position
The Electoral Commission (EC) had scheduled the rerun for 31 December 2025 following the High Court judgment but maintained that multiple Gazette notifications existed, reflecting different batches of constituency results. The EC’s rerun schedule was put on hold pending the Supreme Court’s ruling.
Implications of the Ruling
With the Supreme Court quashing the High Court judgment, the planned rerun of the Kpandai parliamentary election has been halted, leaving Nyindam’s parliamentary seat intact. Mathew Nyindam can thus return to parliament as the representative of the people of Kpandai.
