The Deputy Minority Leader in Parliament, Patricia Appiagyei, has slammed Parliament for what she calls a premature and unconstitutional move to notify the Electoral Commission (EC) of a supposed vacancy in the Kpandai Parliamentary seat.
According to her, the Clerk’s letter, issued on the back of a High Court ruling that annulled the election of NPP MP Matthew Nyindam, stands in clear violation of constitutional procedure and disregards Parliament’s own established precedents.
Addressing journalists on Tuesday, 9th December 2025, the Asokwa MP warned that the House risks committing what she termed a constitutional travesty and historical self-betrayal if the notice is not withdrawn.
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“We are rushing to enforce a judgment that is legally suspended, appealed, and under certiorari review. What manner of Parliament are we?” she questioned.
Hon. Appiagyei stressed that the High Court ruling cannot trigger a vacancy while the MP has activated multiple constitutional remedies. These include a stay of execution, which automatically suspends the judgment, a notice of appeal, and an application for certiorari filed at the Supreme Court.
“A stayed judgment is not enforceable. An appealed judgment is not final. Yet this House is pretending otherwise,” she argued.
She warned that acting on a suspended ruling effectively disenfranchises the over 3,700 voters who elected Nyindam and disrespects the authority of the appellate courts still seized with the matter.
Hon. Appiagyei anchored her argument on Parliament’s own history, citing several cases where the House waited for the full judicial process to end before declaring a vacancy.
She referenced Samuel Nyimakan (Wulensi)—whose seat was declared vacant only after the Court of Appeal’s final decision—and Eric Amoateng (Nkoranza North) who retained his seat until he resigned, despite legal battles and incarceration abroad.
She added that Dan Abodakpi (Keta) continued as an MP until his presidential pardon, with Parliament never vacating his seat during the appeals process. Similarly, Adamu Dramani Sakande (Bawku Central) served until his final criminal conviction and imprisonment, when he became legally incapacitated.
“These cases show a clear tradition: Parliament waits. Parliament respects appeals. Parliament does not rush to enforce first-instance rulings,” she stated.
On the James Gyakye Quayson case, Appiagyei stressed that Parliament acted only after explicit and final orders from the Supreme Court—not merely on a High Court judgment.
“Quayson’s case teaches Parliament to wait for the Supreme Court. In Kpandai, we are ignoring that lesson entirely,” she said.
The Deputy Minority Leader further warned that allowing a High Court ruling to instantly unseat an MP would create room for political manipulation.
“We will set a toxic precedent where a majority can weaponize first-instance judgments to remove opponents. That would make appellate courts irrelevant,” she cautioned.
She described the Clerk’s notification to the EC as a violation of Article 99(1)(e) of the Constitution, a breach of the separation of powers, a dismissal of parliamentary practice, and an unlawful encroachment on the powers of appellate courts.
The Minority is demanding an immediate withdrawal of the notice.
“This premature action violates the Constitution, disrespects the judiciary, and disenfranchises the people of Kpandai. Respect the stay. Await the appeals. Honour our history. Uphold the Constitution,” she insisted.
She reminded the House that the people of Kpandai are watching, Ghana is watching, and history is watching.