BY VALENTIA TETTEH
Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant despite a High Court ruling annulling the 2024 election results and ordering a rerun within 30 days.
Addressing the House on Thursday, November 27, the Speaker said the ruling, which effectively invalidates the declaration of Matthew Nyindam as MP, does not take immediate effect because the law provides a mandatory seven-day stay of execution for all appealable High Court decisions.
“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Matthew Nyindam as winner is invalid,” Mr. Bagbin said. “I, however, draw the attention of the House to the provisions of CI 19 as amended by CI 132, which grants an automatic seven-day stay of execution.”
He cited Supreme Court and Court of Appeal precedents, including Mensah v GCB and Clenam Construction Ltd v Valcum Crest, which affirm that any execution before the expiration of the seven-day window is premature and void.
According to the Speaker, the statutory stay remains in force until December 1, 2025. “The ruling of the High Court cannot form the basis for the Clerk to notify the Electoral Commission that the Kpandai seat is vacant,” he noted, adding that any appeal filed would trigger additional legal processes.
The clarification follows demands from the Majority Caucus for the immediate removal of Mr. Nyindam from parliamentary proceedings. Majority Chief Whip Rockson Nelson Dafeamekpor argued that precedent, such as the Assin North case, requires that the MP step aside until the rerun is held. But the Minority insist that due process must be respected.
Parliament is now expected to await the end of the seven-day stay and any potential appeal before determining the next steps regarding the Kpandai seat.
