The Supreme Court has ordered the suspension of the planned parliamentary election rerun in the Kpandai constituency, stemming from a challenge by the New Patriotic Party (NPP) parliamentary candidate, Matthew Nyindam. This significant decision was issued on Tuesday following an application by Nyindam, who is contesting the Tamale High Court’s annulment of the December 7, 2024, parliamentary election results in the constituency. The apex court has subsequently adjourned the matter for further hearing until January 13, 2026, and directed Nyindam's legal team to serve court processes on the National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal, through substituted service.

Matthew Nyindam, the disputed Member of Parliament, is seeking judicial review from the Supreme Court to quash the High Court’s judgment. He argues that the High Court wrongly assumed jurisdiction over the election petition, which was initially filed by the NDC’s Daniel Nsala Wakpal challenging the outcome of the 2024 polls. Nyindam contends that the election petition was invalid from its inception, rendering all subsequent proceedings arising from it null and void. He asserts that the High Court acted beyond its legal mandate and committed fundamental errors that necessitate the intervention of the Supreme Court.

The New Patriotic Party has warmly welcomed the Supreme Court’s decision, viewing it as a reinforcement of respect for legal processes and the rule of law. Evans Nimako, the NPP’s Director of Elections, emphasized that legal procedures must take precedence when election results are disputed. He criticized the previous actions where Parliament rushed to communicate with the Electoral Commission, leading the Commission to issue a rerun statement, despite the High Court’s judgment being challenged. Nimako highlighted that the High Court’s decision to annul results across all 152 polling stations, despite issues being raised in only 41, lacked proper judicial scrutiny and should undergo thorough review before enforcement. He stressed the importance of respecting the Supreme Court and allowing the legal system to operate without undue haste, asserting, “We are not in a banana republic.”

However, the Majority Chief Whip, Rockson-Nelson Dafeamekpor, has clarified that the Supreme Court’s suspension of the rerun does not restore Matthew Nyindam to his parliamentary seat. Speaking on Tuesday, December 16, Mr. Dafeamekpor stated that the ruling is straightforward, merely pausing the rerun scheduled for December 30 pending the final determination of Nyindam’s application. He firmly explained that the Supreme Court has neither overturned nor annulled the High Court’s decision that nullified Nyindam’s election, therefore, he remains out of Parliament. Dafeamekpor cautioned against misinterpreting the suspension as an annulment of the rerun order, stating, “A suspension is not co-terminous with annulment. So nobody should suggest that Nyindam will be recalled to this House. It won’t happen.” He clarified that the rerun itself remains valid and will proceed once the court has fully determined the matter.

The Supreme Court’s decision to suspend the rerun was a direct response to Nyindam’s motion, which specifically prayed for a halt to prevent any premature electoral activities that could prejudice the court’s decision on the substantive matter. Private legal practitioner Fati Abubakar, working with Nyindam’s legal team, expressed gratitude for the court’s cooperation, stating it is “in the interest of justice that where a legal issue is persistent, and we have not reached the finality of it, we do not proceed to take any such decisions that will force the hand of the court or render the decision of the court negatory.” The court granted the request for substituted service, which will be carried out via WhatsApp of the NDC candidate, on the Supreme Court notice board, and at the NDC candidate’s residence in Kpandai, ensuring effective notification. This suspension ensures that the Kpandai constituency seat will remain vacant until the legal issues are fully resolved in the new year.