Supreme Court Slams EC in Kpandai Re-run Chaos: NDC Defiant, NPP's Fate Deferred!

The Supreme Court of Ghana has ordered the suspension of all preparations for the Kpandai parliamentary rerun, effectively stalling the electoral process until January 13, 2026. This significant decision came during the hearing of an application that fundamentally challenges the mandated rerun in the Kpandai Constituency, a matter that also saw the Court expressing profound displeasure over the absence of the Electoral Commission (EC)'s top leadership.
During the proceedings on Tuesday, December 16, a five-member panel presided over by Justice Gabriel Pwamang, severely criticized EC Chairperson Jean Mensa and her deputies, Dr. Bossman Asare and Samuel Tettey, for their failure to appear in court. Justice Issifu Omoro Tanko Amadu, a panel member, led the condemnation, remarking sharply, "They don’t consider the actions serious enough? And they are running our election, and they’ll not come to the Supreme Court," underscoring the perceived unacceptable conduct and the gravity of the legal challenge concerning a key parliamentary seat.
The suspension directly stems from an appeal lodged by the New Patriotic Party (NPP) candidate, Matthew Nyindam. Nyindam's appeal challenges the Tamale High Court's earlier decision to annul his 2024 election victory and order a fresh election within 30 days. He argues that the High Court committed a fundamental jurisdictional error by hearing a petition filed outside the statutory limitation period.
Central to Nyindam’s argument is Ghana’s Representation of the People Law, 1992 (P.N.D.C.L. 284), which mandates that a parliamentary election petition must be presented within 21 days after the date of the publication of the result in the Gazette. Nyindam asserts that the election results were gazetted on December 24, 2024, but the National Democratic Congress (NDC) candidate’s petition was filed on January 25, 2025—a period of 32 days. This delay, exceeding the permissible 21-day window, allegedly rendered the High Court petition statute-barred and invalid, thus meaning the court lacked the legal power (jurisdiction) to hear the case or order a re-run.
In response to the Supreme Court's ruling, the National Democratic Congress (NDC) has stated its intention to continue campaign activities in Kpandai. Rashid Tanko Computer, the Deputy Director of Elections and IT of the NDC, articulated on JoyNews that the court's decision does not equate to a cancellation of the rerun. He argued that the suspension merely provides the party with additional time to strengthen its campaign machinery and organize better, insisting, "Suspension doesn’t mean cancellation. The Supreme Court did not cancel the rerun; it only asked that it be suspended for now."
Mr. Tanko Computer further expressed confidence in the NDC’s prospects, viewing the suspension as merely a deferment of the NPP’s inevitable defeat. "What has happened is simply a deferment of their defeat. The NPP has only postponed their defeat, which was going to happen on the 30th and has now moved to January 13," he stated. He maintained that the High Court’s ruling remains in force, emphasizing that the Supreme Court has not overturned it and that Matthew Nyindam remains a former Member of Parliament, unable to lay claim to the seat.
Conversely, the New Patriotic Party (NPP) has indicated that it would not engage in campaign activities in the constituency pending the final determination of the case in court. Deputy General Secretary Haruna Mohammed affirmed that the NPP would await the court’s decision before taking any further action.
The Supreme Court’s decision to pause the election is a major political development, reflecting the serious nature of the jurisdictional challenge raised by Nyindam’s legal team. Should the Supreme Court uphold the argument that the High Court acted without jurisdiction, the original election result could be reinstated, setting a significant precedent regarding procedural compliance in Ghana’s electoral disputes. The Kpandai parliamentary seat remains vacant, leaving the political landscape of the Northern Region in limbo until the court delivers its final verdict in 2026.
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