Supreme Court ruling exposes indecent haste with which Parliament declared Kpandai seat vacant — Minority

The Minority Caucus in Parliament has stated that the Supreme Court’s decision to quash the Tamale High Court ruling on the Kpandai parliamentary election has exposed what it describes as the reckless and premature conduct of Parliament in declaring the seat vacant.

Parliament, acting through the Clerk, had formally notified the Electoral Commission on Monday, December 8, that the Kpandai seat was vacant following a High Court decision ordering a rerun of the 2024 parliamentary election over alleged irregularities.

That decision triggered preparations for a by-election on December 30, 2025, even though an application for stay of execution was pending and the matter was still before the apex court.

However, in a 4–1 majority ruling delivered on Wednesday, January 28, the Supreme Court set aside the High Court judgment, holding that the election petition was filed outside the statutory time limits and that the Tamale High Court lacked jurisdiction to hear the case.

Reacting to the ruling in a statement signed by its Leader Alexander Afenyo-Markin, the Minority said the apex court’s decision had vindicated its long-held position that Parliament acted with “indecent haste” and without constitutional basis.

“The Supreme Court’s ruling exposes as reckless and constitutionally unsafe the indecent haste with which Parliament, acting through the Clerk, rushed to declare the Kpandai seat vacant while live court processes and applications for stay were still pending,” the statement said in part.

The Minority said the judgment restores the mandate of the Kpandai MP, Matthew Nyindam, and reinforces the need for restraint in election-related disputes.

“The very judgment on which the Clerk’s letter and the planned rerun were founded has been declared a nullity for want of jurisdiction,” it noted.

According to the Minority, Parliament departed from established precedent by acting on a non-final High Court decision, warning that such conduct poses a danger to democratic representation and the rule of law.

The caucus has called for an immediate withdrawal of all administrative actions suggesting the Kpandai seat is vacant and urged Parliament to review its internal processes to prevent a recurrence.