The Supreme Court has, by a 4–1 majority decision, set aside a High Court judgment that annulled the election of the New Patriotic Party’s parliamentary candidate for Kpandai, Matthew Nyindam.
The decision followed an application filed by Mr Nyindam, who asked the apex court to exercise its supervisory jurisdiction to overturn the High Court ruling, citing a lack of jurisdiction.
The Supreme Court upheld the application, thereby restoring his status as Member of Parliament.
Justice Gabriel Scott Pwamang, who presided over the panel, dissented from the majority decision.
At the centre of the case was the date on which the Electoral Commission gazetted the results of the 2024 parliamentary election in the Kpandai constituency. Under Ghana’s electoral laws, an election petition must be filed within 21 days of the gazette notification, after which the court loses jurisdiction to hear the matter.
Mr Nyindam argued that the results were gazetted on December 24, 2024, and that any petition filed beyond the 21-day limit was invalid. On this basis, he contended that the High Court lacked the authority to hear the case that led to the annulment of his election.
The National Democratic Congress (NDC), however, maintained that the 2024 elections created an unusual situation, as the Electoral Commission issued two gazette notices, one on December 24, 2024 and another on January 6, 2025.
The party argued that the second gazette replaced the first and that the 6 January notice should be used to calculate the filing deadline, making the petition valid and the High Court’s decision lawful.
The Supreme Court said its full written judgment will be released on February 6, 2026.
The panel that heard the case comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu and Henry Kwoffie.
