Too soon to declare Kpandai seat vacant – Speaker Bagbin
The Speaker of Parliament, Alban Bagbin has shot down appeals from the Majority to declare the Kpandai parliamentary seat vacant, noting that although a High Court ruling had annulled the results of the 2024 elections and mandated the Electoral Commission (EC) to conduct a rerun within 30 days, it would be premature to declare the seat vacant.
He acknowledged that although the High Court’s decision was valid, the law allows a mandatory seven-day stay of execution for all High Court decisions that can be appealed.
“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Hon. Matthew Nyindam as winner is invalid and the member is no longer an MP,” Speaker Bagbin said during his address to the House on Thursday.
He went on to highlight the provisions outlined in the Court of Appeal Rules, 1997 (CI 19), as amended by CI 132, rule 27(3), which mandates a seven-day stay following the notification of any judgment.
In support of his stance, Bagbin referenced a Supreme Court ruling in Mensah v GCB (2005–2006), which maintained that executing a High Court ruling before the seven-day period has expired is considered premature and thus void. He also cited the Court of Appeal’s decision in Clenam Construction Ltd v Valcum Crest (April 7, 2022), explaining that this stay allows the losing party time to consider an appeal or seek further relief.
The Speaker clarified that this statutory stay remains effective until December 1, 2025, and added that the High Court’s ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.”
Earlier on Wednesday, November 26, the Majority caucus urged the Second Deputy Speaker of Parliament to declare the Kpandai seat vacant, insisting that the sitting MP Mathew Nyindam should be barred from participating in parliamentary business until after the High Court-ordered rerun in his constituency.
“Parliament has been duly served with a court order challenging Nyindam’s legitimacy and directing a re-run of the parliamentary election in the constituency
“So Honourable Nyindam is now a persona non grata. On this floor and as a member of Parliament, the court says he must go back and go through the processes, and if he is truly re-elected, he can come back,” Majority Chief Whip, Rockson Nelson Dafeamekpor argued.
Meanwhile, the Minority has vowed to challenge the decision of the Tamale High Court and every attempt to remove the MP before all legal processes are exhausted.
“No person, no institution, and certainly no flawed judicial order can suspend the mandate you freely and lawfully conferred upon him
“Unless and until the appellate process, properly invoked and fully exhausted, runs its lawful course, he will continue to serve you with dedication and dignity,” Minority Leader Alexander Afenyo-Markin said.
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