Supreme Court to rule on Kpandai by-election on January 28

The Supreme Court will on January 28 in a legal challenge that will determine the fate of the 2024 parliamentary election results for the Kpandai constituency in the Northern Region.

A five-member panel of the apex court has already heard arguments from both sides and adjourned the matter for a final ruling. The case has attracted national attention because of its potential impact on parliamentary representation and the Electoral Commission’s conduct of by-elections.

The dispute began after the Tamale High Court annulled the election victory of the New Patriotic Party’s Member of Parliament for Kpandai, following a petition filed by the National Democratic Congress candidate. The petitioner alleged that irregularities at several polling stations affected the integrity of the election and called for the results to be set aside.

Based on the High Court’s ruling, the Electoral Commission announced plans for a rerun of the parliamentary election. However, this process was put on hold after the Supreme Court granted a stay of execution, pending the determination of an application challenging the annulment.

At the heart of the Supreme Court case is a constitutional question over whether the High Court had the jurisdiction to hear the original petition. Lawyers for the affected Member of Parliament argue that the petition was filed outside the 21 days allowed by law after the official gazette of the election results, making the High Court’s decision invalid. The opposing side maintains that the filing was done within the legally permitted timeframe, based on a later gazette notice.

The Supreme Court’s ruling is expected to clarify the interpretation of constitutional timelines governing election petitions and determine whether the annulment of the Kpandai results will stand or be overturned. The decision will also shape the next steps of the Electoral Commission and the political future of the constituency.