The Supreme Court of Ghana has delivered a landmark 4-1 majority decision to quash a previous ruling by the Tamale High Court that had nullified the parliamentary election results for the Kpandai Constituency. In a definitive judgment issued today, the apex court determined that the High Court acted without the necessary jurisdiction when it initially heard the election petition.
The justices found that the petition, filed by the defeated National Democratic Congress (NDC) candidate, was presented well after the mandatory statutory time limit had expired, rendering the lower court’s proceedings legally void from the outset. The legal challenge reached the Supreme Court following a rigorous judicial review application filed by Gary Nimako, the Director of Legal Affairs for the New Patriotic Party (NPP).
Mr. Nimako argued that strict adherence to electoral timelines is a fundamental requirement of the law and that the High Court erred by entertaining a late filing. The Supreme Court’s majority opinion agreed, emphasizing that statutory deadlines in election petitions are not mere formalities but are essential for the finality and stability of the democratic process.
As a direct consequence of this apex court ruling, the previously proposed parliamentary election rerun in the Kpandai Constituency will no longer take place. The decision effectively reinstates and upholds the original election of the NPP’s Mathew Nyindam, confirming him as the duly elected Member of Parliament for Kpandai. This final verdict brings an end to the protracted legal dispute, providing much-needed clarity for the constituents and solidifying the representation of the constituency in the current Parliament.
Ruth Abla ADJORLOLO
