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Minority demands withdrawal of Parliament’s letter to EC declaring Kpandai seat vacant

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The Minority in Parliament has issued a strong protest against Speaker Rt. Hon. Alban Sumana Kingsford Bagbin after the Clerk to Parliament, acting on his instructions, wrote a letter to the Electoral Commission (EC) declaring the Kpandai parliamentary seat vacant.

The Kpandai seat became controversial after a Tamale High Court annulled the December 2024 election of Hon. Matthew Nyindam, the New Patriotic Party (NPP) MP for the constituency, ordering a fresh poll. But Hon. Nyindam has since filed an application for a stay of execution, which is still pending — and this is where the storm began.

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Speaking on the floor of Parliament on Tuesday, December 9, while First Deputy Speaker Bernard Ahiafor presided, Minority Chief Whip, Hon. Frank Annoh-Dompreh, criticised the Speaker’s letter to the EC.

Letter to EC

“Mr. Speaker, yesterday, 8th December 2025, you declared the Kpandai Parliamentary seat vacant. Respectfully, this decision has generated profound concern not only among Members of this House but across the nation,” he said.

He argued that the Speaker’s action contradicts established parliamentary procedure and argued it is not right that where an application for stay of execution is pending for determination, any proceeding for execution of the judgment shall be carried.

Hon. Annoh-Dompreh reminded the House that the Speaker himself took s different position just weeks earlier when the Majority whip requested the Kpandai set be declared vacant following the court ruling.

According to him, in the 8th Parliament when Assin North MP, James Quayson faced a similar situation, the Speaker maintained that Parliament must not act while a stay of execution application is pending in court.

The Whip questioned what he described as a troubling inconsistency stating, “What explains the abrupt change from the binding reasoning you articulated on 24th November? Why does the stay rule apply in one circumstance but not the other? Is it because Hon. Matthew Nyindam is a member of the New Patriotic Party?”

The Nsawam-Adoagyiri MP cautioned that selective application of rules could undermine parliamentary democracy. “The law does not discriminate. The legitimacy of this House depends on our consistency,” he added.

He warned that if Parliament begins to act as though legal rules are optional, binding on some days and dispensable on others, it risks sliding into a dangerous culture of political tit-for-tat where each majority and minority waits its turn for retaliation.

That, he said, threatens the stability of Ghana’s democracy.

He argued that what may seem convenient for one side today could easily be used against another tomorrow if the House chooses to abandon principle now.

“We risk leaving future Parliaments with a legacy of inconsistency, one that encourages political retaliation, undermines the authority of the Speaker’s Chair, and erodes public trust in this institution. We must rise above partisanship. This House must do better, act better, and recommit itself to principled, consistent, and lawful parliamentary practice.”

The Minority Caucus rejected the Clerk’s letter to the EC, insisting it violates due process because the stay-of-execution application filed by Hon. Nyindam is still pending before the court.

“We strongly submit that the letter to the Electoral Commission was out of place, unfortunate, and flies in the face of procedural justice. We call on you, Mr Speaker, to instruct the Clerk to withdraw that letter forthwith. We cannot, and will not, support this decision,” Hon. Annoh-Dompreh stressed.

He cautioned that Ghana is a fledgling democracy and the least Parliament can do is respect procedure and avoid decisions that undermine its integrity.

A Tamale High Court ruling in November 2025 annulled the election of Hon. Nyindam as MP for Kpandai, citing significant electoral irregularities. The court ordered a rerun of the poll.

However, Hon. Nyindam filed an application for stay of execution, which is yet to be determined. The Minority argues that until this legal process is concluded, declaring the seat vacant is unlawful.

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