Minority Leader Alexander Afenyo-Markin has hailed the landmark 4-1 ruling by the Supreme Court on the Kpandai election petition as a decision for constitutionalism, due process, and voter sovereignty.
The Apex Court, on Wednesday, decisively quashed the Tamale High Court’s judgment that had annulled the 2024 parliamentary election results in the Kpandai Constituency.
The court’s 4–1 majority ruling, exercising its supervisory jurisdiction, declared the election petition invalid due to its filing beyond mandatory statutory timelines — stripping the lower court of jurisdiction entirely.
Also read: NDC ‘grieved’ by Supreme Court ruling restoring NPP’s Kpandai MP –
This verdict sets aside the High Court’s order for a full constituency-wide rerun, restoring Hon. Matthew Nyindam (NPP) as the duly elected Member of Parliament for Kpandai.
The Minority Leader argued that this landmark ruling restores the clear mandate that the people of Kpandai freely and lawfully conferred on their Member of Parliament.
“It reaffirms the primacy of the Constitution and ensures that no court, party, or state institution can rewrite the rules after an election has been concluded, a winner declared, and results gazetted,” he stated.
Afenyo-Markin stressed that Hon. Nyindam remains the legitimate MP in law and, in fact, with no rerun scheduled. He praised the ruling for sending a stern message to trial courts nationwide: strictly observe jurisdictional limits, timelines, and statutory procedures in election disputes.
The Minority leader criticized Parliament’s earlier move to declare the Kpandai seat vacant and notify the Electoral Commission, branding it reckless and constitutionally unsafe. The Clerk acted on a non-final High Court judgment despite pending stays and appeals — a step that sparked preparations for a December 30, 2025, rerun, which the Supreme Court ultimately halted.
Drawing parallels to landmark precedents involving figures like Dan Abodakpi, Adamu Dramani Sakande, Kwame Nyimakan, and James Gyakye Quayson, Afenyo-Markin stressed Parliament’s historical practice of restraint and waiting for final judicial outcomes before vacancy activations. “Kpandai was treated differently — and unlawfully,” he asserted.
The Minority called for the immediate withdrawal of all administrative notices declaring the seat vacant, plus an internal review led by Speaker Alban Bagbin to safeguard against future premature declarations.
Addressing potential NDC moves for a review, Afenyo-Markin urged strict adherence to constitutional bounds: “Disagreements must never escalate into attempts to manipulate unfinalized judgments, disrupt Parliament’s composition, or force premature polls on an entire constituency.”
Hon. Matthew Nyindam is set to resume full parliamentary duties when the House reconvenes on February 3, 2026. The Minority Leader commended the legal team for their relentless and successful advocacy.
The ruling, the leader said, reinforces public confidence that the sovereign will of Ghanaian voters, once lawfully expressed and declared, cannot be lightly overturned through untimely litigation.