The Supreme Court has, by a 4–1 majority decision, quashed a ruling of the Tamale High Court that nullified the 2024 parliamentary election results for the Kpandai Constituency in the Northern Region.
In its decision delivered on Wednesday, the apex court held that the Tamale High Court lacked jurisdiction to entertain the election petition filed by the defeated National Democratic Congress (NDC) parliamentary candidate because the petition was filed outside the mandatory statutory time limit prescribed by law.
The ruling followed a judicial review application brought before the Supreme Court by Lawyer Gary Nimako, Director of Legal Affairs of the New Patriotic Party (NPP), who challenged the High Court’s authority to hear the matter.
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As a result of the Supreme Court’s decision, the planned parliamentary election rerun in Kpandai has been cancelled, and the election of Mathew Nyindam of the NPP has been fully upheld, confirming him as the duly elected Member of Parliament for the constituency.
The Court emphasised that compliance with constitutional and statutory timelines in election petitions is mandatory and not a mere technicality, stressing that courts cannot assume jurisdiction where the law has clearly set time limits.
Background
The Kpandai parliamentary election became contentious following the 2024 general elections, in which the NPP’s Mathew Nyindam was declared winner by the Electoral Commission (EC).
Dissatisfied with the outcome, the NDC parliamentary candidate filed an election petition at the Tamale High Court, alleging electoral irregularities and seeking to overturn the results. The High Court subsequently nullified the election outcome and ordered a rerun, a decision that sparked political tension and public debate.
The NPP, however, opposed the High Court ruling, arguing that the election petition was filed out of time, contrary to Article 99 of the Constitution and relevant electoral laws.
Acting on this position, the party filed a judicial review application at the Supreme Court, asking the apex court to quash the High Court’s decision on grounds of lack of jurisdiction.
The ruling brings a decisive end to the legal battle, restoring certainty to parliamentary representation in Kpandai and reinforcing the Supreme Court’s long-standing position on strict adherence to electoral timelines.
With the judgment, Mathew Nyindam retains his seat in Parliament, while the NDC’s legal challenge to the 2024 parliamentary results in Kpandai has effectively been closed.