Former Deputy Attorney-General Alfred Tuah-Yeboah has asserted that Parliament’s Clerk acted unlawfully in informing the Electoral Commission (EC) about a vacancy in the Kpandai parliamentary seat, despite a pending application for a stay of execution.

Mr. Tuah-Yeboah, speaking on JoyNews’ Newsfile on Saturday, December 20, argued that declaring the seat vacant was procedurally incorrect, given the existing application to halt the High Court’s ruling.

He explained that filing for a stay of execution legally suspends the original judgment, making any actions suggesting a final determination inappropriate. “During the pendency of a stay of execution, no administrative officer, including the Clerk to Parliament, has the authority to act on the judgment as if it is final,” he stated.

According to Mr. Tuah-Yeboah, the Clerk’s notification to the EC triggered a series of unconstitutional steps, including preparations for a rerun election. He emphasized that these actions undermined the authority of the appellate courts and could lead to institutional confusion.

“You cannot, by administrative action, defeat the right of appeal guaranteed under the Constitution,” he added.

He expressed relief at the Supreme Court’s intervention to halt the Kpandai rerun process, describing it as crucial for restoring legal order.

Mr. Tuah-Yeboah urged all state institutions to exercise caution during election disputes, warning that premature actions while appeals are ongoing could erode public trust in Ghana’s democratic and judicial systems.

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