Lawyer and Senior Vice President of IMANI-Africa, Kofi Bentil, has sharply criticised Parliament’s decision to declare the Kpandai parliamentary seat vacant, arguing the move was premature and procedurally flawed given the ongoing appeal against the High Court ruling.
Mr. Bentil, speaking on JoyNews’ Newsfile programme on Saturday, December 20, maintained that Parliament should have exercised restraint after the affected Member of Parliament, Nyindam, filed an appeal.
He explained that the act of filing an appeal automatically suspends the effect of the High Court’s decision, pending determination by the appellate court. “Once an appeal is filed, the effect of the judgment is suspended. Parliament should not have gone ahead to declare the seat vacant,” he stated emphatically.
According to Mr. Bentil, the constitutional and legal framework governing election disputes demands respect for the hierarchy of courts and due process. He warned that acting on a contested judgment risks creating significant legal and institutional confusion.
“You cannot enforce a decision that is being challenged. That is basic law. Otherwise, you undermine the authority of the appellate courts,” he noted.
The IMANI-Africa Vice President further contended that Parliament’s action has contributed to the uncertainty surrounding the Kpandai case, which has now escalated to the Supreme Court. He stressed that such hasty decisions can exacerbate political tensions and erode public trust in democratic institutions.
“When institutions rush ahead of the law, they create instability and open the door to avoidable conflict,” Bentil added.
His comments follow the Supreme Court’s decision to suspend all processes related to the proposed Kpandai parliamentary rerun, as it considers a legal challenge aimed at overturning the High Court judgment that initially annulled the 2024 election results.
The Supreme Court has adjourned the hearing to January 13, 2026, and until a final ruling is delivered, all actions concerning the rerun remain suspended.
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