Ghana Supreme Court Halts Kpandai Election Rerun Amid Constitutional Crisis

The Supreme Court of Ghana has put a halt to preparations for a rerun of the Kpandai parliamentary election, effectively pausing a rapidly escalating crisis and setting the stage for a crucial constitutional review in January 2026.

The intervention, made on December 16, suspends all actions by the Electoral Commission (EC) related to the rerun, initially scheduled for December 30. This follows a November 2025 ruling by the Tamale High Court which nullified the 2024 election results for the constituency.

The High Court, presided over by Justice Emmanuel Brew Plange, had cited widespread procedural irregularities, including the unauthorized relocation of a collation center and improperly cancelled ballot papers. Though the ruling stemmed from scrutiny of only 41 polling stations, the judge deemed the errors systemic enough to invalidate the results of all 152 polling stations.

Matthew Nyindam, the former MP, is challenging the High Court’s decision, arguing it overstepped its authority by ordering a full rerun based on a limited investigation. The Supreme Court will hear arguments on this challenge on January 13, 2026.

During the December 16 hearing, the apex court directed Nyindam’s legal team to serve court documents to NDC candidate Daniel Nsala Wakpal through substituted service, ensuring the case proceeds despite difficulties in direct notification.

Fatimatu Abubakar, a private legal practitioner and former Information Minister representing the NPP legal team, welcomed the suspension, stating, “It’s in the interest of justice that where a legal issue is persistent we do not proceed to take decisions that will force the hand of the court.”

Justice Abdulai, a lecturer at UPSA Law School, echoed this sentiment, describing the pause as “surprising but very fair.” He warned that proceeding with the rerun before a final ruling could lead to a newly elected MP being quickly removed from office. “It prevents a useless exercise of public resources,” he added.

The National Democratic Congress (NDC) insists the suspension doesn’t overturn the High Court’s decision. Rockson-Nelson Dafeamekpor, the NDC’s Chief Whip, clarified on December 16, “It is a very straightforward ruling. It does not affect Nyindam’s position regarding his return to the House. He’s not an MP. The Supreme Court has not annulled or overturned the decision of the High Court. He is no longer an MP.”

Dafeamekpor emphasized that the High Court’s nullification remains in effect, and cautioned against interpreting the stay as an NPP victory. “A suspension is not co-terminous with annulment,” he stated.

The NPP, however, criticized Parliament and the EC’s initial swiftness to implement the rerun call. Evans Nimako, the NPP’s Director of Elections, argued that the law should take precedence in contested results.

“Parliament will rush to communicate to the EC, and the Commission will issue a statement for a rerun. That is not the law,” Nimako stated. He believes the Supreme Court’s intervention protects the integrity of the process. “We are not in a banana republic – decisions must undergo proper judicial scrutiny before enforcement.”

Meanwhile, residents of Kpandai express frustration with the ongoing uncertainty. Aminu Idrisu voiced the concerns of many, saying, “Why is Parliament fighting the courts? It makes us lose faith in the system.” Asibi Adamu added, “All these politicians are making noise while our MP can’t work. Let the courts finish the case so we can move on.”

The Supreme Court’s decision follows earlier friction within Parliament, where Speaker Alban Bagbin had initially affirmed Nyindam’s continued status as MP until December 1, 2025, before the subsequent declaration of a vacancy. Polling data from Global InfoAnalytics indicates a tight race, with Nyindam holding a narrow 50% to Wakpal’s 46%, within a 3.9% margin of error.

The January 2026 ruling will be a significant test of Ghana’s institutional framework. For the people of Kpandai, representation remains on hold as the legal battle continues.

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