Supreme Court overturns Tamale High Court ruling, halts Kpandai election rerun

The Supreme Court of Ghana has overturned the Tamale High Court’s decision that nullified the parliamentary election results for the Kpandai Constituency in the Northern Region, effectively stopping the Electoral Commission’s planned rerun of the election.

The apex court reached its decision by a 4–1 majority, with Justice Gabriel Scott Pwamang, who presided as president of the panel, dissenting.

The majority ruling was delivered by Justices Yonny Kulendi, Amadu Tanko, Samuel Asiedu, and Henry Kwofie.

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In its ruling, the Supreme Court granted an application for certiorari filed by New Patriotic Party (NPP) MP Matthew Nyindam, who had challenged the High Court’s authority to annul his election. The Court is expected to issue its full written reasons on 6 February 2026.

Jurisdictional Challenge by Nyindam

Nyindam’s case was anchored on the argument that the Tamale High Court lacked jurisdiction to hear the election petition brought by National Democratic Congress (NDC) candidate Daniel Nsala Wakpal. He contended that the petition was filed outside the constitutionally mandated 21-day period.

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According to Nyindam, the Kpandai parliamentary results were gazetted on 24 December 2024, making the petition filed on 25 January 2025 legally time-barred. His legal team argued that all orders flowing from the High Court’s ruling—including the annulment of the election and the directive for a rerun—were therefore invalid and should be set aside.

NDC’s Response

Counsel for Daniel Nsala Wakpal disputed this position, insisting that the relevant Gazette notice was published on 6 January 2025 and covered all constituencies, including Kpandai. They maintained that the petition was filed within the statutory timeframe.

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The NDC further argued that Nyindam had previously relied on the January Gazette in earlier legal proceedings and could not now disassociate himself from it without triggering issues of estoppel and procedural fairness.

Electoral Commission’s Position

Following the High Court’s decision, the Electoral Commission (EC) had scheduled a rerun for 31 December 2025, noting that multiple Gazette notifications had been issued in batches for different constituencies. However, the EC placed the rerun on hold pending the Supreme Court’s determination.

Impact of the Judgement

With the Supreme Court setting aside the High Court ruling, the proposed rerun has been cancelled. As a result, Matthew Nyindam retains his seat in Parliament, allowing him to continue serving as the duly elected Member of Parliament for the Kpandai Constituency.