The Supreme Court is set to deliver its ruling on January 28, 2026, regarding whether to overturn the High Court judgment that annulled the parliamentary election results for Kpandai in the Northern Region. The case arises from a decision by the Tamale High Court, which nullified the election of New Patriotic Party (NPP) Member of Parliament, Matthew Nyindam, following a petition by National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal, and ordered a rerun.
Acting on that ruling, the Electoral Commission (EC) scheduled the rerun for December 31, 2025. However, the process was halted after Mr. Nyindam petitioned the Supreme Court, seeking to invoke its supervisory authority to set aside the High Court’s decision.
Nyindam’s Argument: High Court Lacked Jurisdiction
Central to Mr. Nyindam’s case is the claim that the Tamale High Court exceeded its jurisdiction, as the parliamentary election petition was filed beyond the statutory 21-day limit prescribed by law. His counsel argues that the Kpandai election results were officially gazetted on December 24, 2024, thereby commencing the timeline. Consequently, the petition lodged by Mr. Nsala on January 25, 2025, was out of time and ought not to have been entertained.
The applicant maintains that once the High Court lacked jurisdiction, all subsequent actions—including the annulment of the election and the order for a rerun—were legally void. The legal team further contends that this defect is evident on the face of the record, necessitating corrective intervention by the Supreme Court.
Wakpal’s Response: January 6 Gazette Governs Timeline
Lawyers for Mr Nsala Wakpal have strongly opposed the application, maintaining that the High Court acted within its constitutional mandate under Article 99 of the 1992 Constitution. They argue that the Kpandai results were re-gazetted on January 6, 2025, and that the December 24, 2024 Gazette should not take precedence.
According to them, the January 6, 2025 Gazette was a comprehensive publication covering all constituencies, including Kpandai, making the petition filed on January 25 well within the 21-day limit.
The NDC candidate’s legal team also contends that Nyindam relied on the January 6 Gazette during proceedings at the High Court and cannot now resile from that position merely because the judgment went against him, raising issues of estoppel and fairness.
Electoral Commission’s Position
The Electoral Commission has acknowledged the existence of multiple Gazette notifications, explaining that different Gazette numbers reflected different batches of constituencies published at different times. The case has been adjourned to January 28, 2025, for ruling. Meanwhile, the order suspending the re-run is still in force until the determination of the matter.
Source: Hanson Agyemang
