Amaliba says certiorari won’t halt Kpandai vacancy notice

Abraham Amaliba, former director of legal affairs for the National Democratic Congress, said the certiorari application filed at the Supreme Court does not prevent Parliament from acting on a court‑ordered vacancy.

Speaking on Joy FM’s Top Story on Monday, Amaliba explained that unless Parliament is formally served with a motion for a stay of execution, it remains legally empowered to notify the Electoral Commission of the vacant Kpandali constituency seat.

“The certiorari application does not tie the hands of Parliament, because that is not a stay of execution,” he said. “I don’t know whether Parliament has been served with the stay of execution before the certiorari application. So if what has been served on Parliament is just a certiorari application, that cannot tie the hands of Parliament.”

The comment follows Parliament’s formal notification to the EC on 4 December 2025, declaring the Kpandali seat vacant in compliance with a High Court order for a re‑run of the 2024 parliamentary election.

The notification triggers the administrative steps needed for the Commission to organise the re‑run, after defeated MP Mathew Nyindam filed a certiorari and other processes at the Supreme Court to overturn the High Court’s ruling that nullified his election victory.

Critics had argued that Parliament should wait for the Supreme Court’s determination. Amaliba insisted that only a stay of execution could legally halt Parliament’s action.

When asked what would happen if the Supreme Court eventually grants the certiorari, Amaliba said the ruling would have no practical effect.

“Well, there isn’t any seat available now,” he explained. “So if the certiorari is granted, then it is a victory which cannot be enforced.”

The situation remains fluid, and observers will watch for any further Supreme Court orders that could affect the timeline for the Kpandali by‑election.

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