The Speaker of Parliament, Rt. Hon. Alban S.K. Bagbin, has clarified that the Member of Parliament for Kpandai, Matthew Nyindam, remains the legitimate occupant of the seat pending the expiration of a statutory stay of execution on the Tamale High Court’s order for a rerun of the constituency’s 2024 parliamentary election.
The Speaker stated that although the High Court directed the Electoral Commission on 24 November 2025 to organise a rerun of the Kpandai poll within 30 days, the directive cannot take immediate effect under Ghana’s procedural law.
In an official communication to the House on Thursday, Mr. Bagbin cited Rule 27(3) of the Court of Appeal Rules, 1997 (C.I. 19), as amended, which provides for an automatic seven-day statutory stay of execution after any High Court decision capable of appeal.
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“There shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment,” he quoted.
He emphasised that the provision is mandatory and serves as a safeguard for a losing party to decide whether or not to appeal a judgment.
Nyindam still an MP
To support his ruling, the Speaker referenced longstanding judicial precedents, including the Mensa v. Ghana Commercial Bank (2005–2006) decision, in which the Supreme Court held that any attempt to execute a judgment before the seven-day period is premature and void.
He also cited the Court of Appeal’s position in Clenham Construction Ltd v. Falcon Crest (2022), which reiterated that the statutory stay ensures fairness in the appellate process.
The Speaker noted that the seven-day period elapses on 1 December 2025, and until then, the High Court’s ruling cannot be operationalised.
“It is therefore premature to say that Hon Matthew Nyindam is disqualified from entering and participating in the proceedings of the house,” he said.
He added that if the Kpandai MP files an appeal or an application for a stay of execution, a further suspension could be triggered, delaying any enforcement of the High Court order.
Mr. Bagbin explained that the High Court ruling is an executive order and not a declaratory one, and therefore cannot summarily invalidate a parliamentary seat.
Majority’s attempt to remove MP rejected
The ruling follows tensions in the chamber on Wednesday when the Majority Caucus sought to remove Mr. Nyindam from the House after the High Court decision became public.
The Speaker dismissed arguments by the Majority that Nyindam risked contravening Article 105 of the Constitution, which forbids a person from knowingly sitting or voting in Parliament when not entitled to do so.
He maintained that no such reasonable grounds exist while the statutory stay remains in effect. “The honourable member is right to have been here and to have participated in the proceedings,” the speaker stated.
Mr. Nyindam therefore continues to serve as MP for Kpandai unless the statutory stay period lapses without an appeal, or an appellate court subsequently confirms the High Court’s ruling.