Speaker of Parliament Alban Sumana Kingsford Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant at this stage, despite a High Court ruling that annulled the 2024 election results and directed the Electoral Commission (EC) to organise a rerun within 30 days.
Speaking in the House on Thursday, November 27, Bagbin explained that although the judgment nullifies the earlier declaration of Matthew Nyindam as Member of Parliament, the law requires a mandatory seven-day stay of execution for all High Court decisions subject to appeal.
“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Hon. Matthew Nyindam as winner is invalid and the member is no longer an MP,” Bagbin said.
“I, however, bring to the attention of the House the provisions of the Court of Appeal Rules, 1997 (CI 19), as amended by CI 132, rule 27(3), which provides that there shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision.”
The Speaker stressed that this statutory stay is binding and applies to all High Court rulings that may be appealed. He cited the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that enforcing a High Court ruling before the seven-day period lapses is premature and void.
He also referenced the Court of Appeal’s ruling in Clenam Construction Ltd v Valcum Crest (April 7, 2022), noting that the stay exists to allow the losing party time to weigh an appeal or seek further relief.
Bagbin stated that the seven-day stay remains in force until December 1, 2025, and therefore, the High Court decision “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.” He added that if Mr. Nyindam files an appeal, further procedures under C.I. 27(1) would apply.
The clarification comes after demands by the Majority caucus on Wednesday for the immediate declaration of the Kpandai seat as vacant, arguing that Nyindam should be barred from parliamentary proceedings until the rerun is conducted.
Majority Chief Whip Rockson Nelson Dafeamekpor cited precedent, including the case of former Assin North MP James Gyakye Quayson, to justify removing Nyindam from the chamber.
In response, the Minority caucus vowed to resist any attempt to exclude Nyindam before all legal avenues are exhausted. Minority Leader Alexander Afenyo-Markin told reporters that the caucus would oppose any move to oust the MP, insisting that due process must be respected.
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