Ghana’s Supreme Court has, by a majority decision of 4–1, overturned the ruling of the High Court in Tamale which had nullified the parliamentary election results for the Kpandai Constituency.
In its judgment delivered today, the apex court held that the Tamale High Court lacked jurisdiction to entertain the election petition filed by the defeated National Democratic Congress (NDC) parliamentary candidate. The court found that the petition was filed outside the mandatory statutory time limit prescribed by law, rendering the entire proceedings before the High Court incompetent.
The Supreme Court’s decision followed a judicial review application filed by Lawyer Gary Nimako, Director of Legal Affairs of the New Patriotic Party (NPP), who challenged the legality of the High Court’s ruling and the basis upon which it ordered a rerun of the election.
By quashing the High Court’s decision, the Supreme Court has effectively cancelled the proposed parliamentary election rerun in the Kpandai Constituency. The ruling also upholds the election of the NPP’s Mathew Nyindam as the duly elected Member of Parliament for the constituency.
The judgment brings to an end the legal uncertainty surrounding the Kpandai parliamentary seat and reinforces the importance of strict adherence to constitutional and statutory timelines in the filing of election petitions.
With this ruling, Mathew Nyindam retains his mandate in Parliament, while the Electoral Commission is relieved of the obligation to conduct a rerun in the constituency.
