By Benjamin Nii Nai Anyetei
The Supreme Court is expected to deliver its ruling on January 28, 2026, on an application seeking to quash a High Court judgment that annulled the 2024 parliamentary election results for the Kpandai constituency in the Northern Region.
A five-member panel of the apex court, made up of Justices Gabriel Pwamang, Omoro Tanko, Yonny Kulendi, Samuel Asiedu, and Henry Anthony Kwofie, has heard arguments on the application, which invokes the court’s supervisory jurisdiction to set aside the High Court’s November 24, 2025, decision.
The application was moved by counsel for the applicant, Gary Nimako Marfo, who told the court that the motion, filed on December 1, 2025, was brought under Article 132 of the 1992 Constitution, Section 5 of the Courts Act, 1993 (Act 459) as amended, and Section 61 of the Supreme Court Rules, 1996 (C.I. 16).
Mr. Marfo argued that the High Court in Tamale committed a jurisdictional error when it assumed authority to hear the parliamentary election petition filed on January 25, 2025. He explained that the Electoral Commission gazetted the Kpandai parliamentary results on December 24, 2024, and that Article 99 of the Constitution, together with relevant statutes, provides a strict 21-day period within which an election petition must be filed.
According to him, the petition was filed outside the legally permitted timeframe, and the trial judge ought to have satisfied himself of jurisdiction before proceeding to hear the case. He further submitted that the High Court acted outside the mandatory scope of its jurisdiction, contrary to Section 18 of PNDC Law 284, and urged the Supreme Court to quash the judgment.
Opposing the application, counsel for the first interested party, Sika Abla Addo, argued that the applicant was selectively relying on gazette notifications. She told the court that there were two gazette publications relating to the Kpandai results, dated December 24, 2024, and January 6, 2025, and maintained that the latter should take precedence.
She explained that the High Court was satisfied that the January 6, 2025, gazette was the relevant one and that it was on that basis that the court assumed jurisdiction and proceeded to hear the petition and deliver judgment.
Counsel for the Electoral Commission, Justin Amenuvor, also made submissions, noting that in previous election-related cases, including the Akwatia matter, gazettes in circulation were often online publications. He said he personally visited the Assembly Press to obtain the officially published gazette for the Kpandai election.
After hearing arguments from all parties, the Supreme Court adjourned the case to January 28, 2026, for its ruling.
