The Supreme Court of Ghana has, in a landmark 4-1 majority decision today, quashed the judgement of the Tamale High Court which had previously nullified the 2024 Kpandai Constituency parliamentary election.
The apex court’s ruling effectively reinstates the original election results and strikes down all consequential orders, including the directive for the Electoral Commission (EC) to conduct a rerun that had been scheduled for late last year and subsequently suspended.
The Legal Battle
The case, which has kept the political atmosphere in the Kpandai constituency tense for months, centred on a petition challenging the victory of Matthew Nyindam of the New Patriotic Party (NPP).
The Tamale High Court, presided over by Justice Emmanuel Plange Brew, had earlier ruled in favor of the petitioner, annulling the 2024 results on grounds of electoral irregularities and ordering a fresh poll.
However, Nyindam’s legal team, led by Gary Nimako Marfo, moved to the Supreme Court to invoke its supervisory jurisdiction.
Key Grounds for the Decision
The Supreme Court’s decision primarily hinged on a jurisdictional technicality regarding the timing of the original petition:
The defense argued that the election petition at the High Court was filed 32 days after the election results were gazetted, violating the mandatory 21-day window stipulated by the 1992 Constitution and PNDC Law 284.
Lack of Jurisdiction: By a 4-1 majority, the justices agreed that the High Court lacked the jurisdiction to entertain the petition once the legal timeframe had elapsed, rendering its subsequent judgment and the order for a rerun “null, void, and of no legal effect.”
“The law on electoral timelines is settled. Courts cannot extend the time for filing election petitions once the statutory period has expired,” the court noted in its summary.
Reactions and Implications
The ruling brings an immediate end to the uncertainty surrounding the Kpandai seat.
The Electoral Commission is no longer required to prepare for a rerun, saving significant state resources.
Matthew Nyindam is expected to continue his duties as the Member of Parliament for Kpandai without the cloud of litigation hanging over his mandate.
