The Supreme Court has, in a 4–1 majority ruling, set aside the High Court’s judgment that nullified the election of the New Patriotic Party’s parliamentary candidate for Kpandai, Matthew Nyindam.
Justice Gabriel Scott Pwamang, who chaired the panel, delivered the lone dissenting opinion.
The ruling came after Mr. Nyindam filed an application invoking the Supreme Court’s supervisory powers to correct what he described as a jurisdictional error by the High Court. The apex court upheld his request, thereby reinstating his position as Member of Parliament.
At the heart of the case was the date on which the Electoral Commission officially gazetted the results of the 2024 parliamentary election in the Kpandai constituency. Ghana’s electoral laws stipulate that any election petition must be lodged within 21 days of the gazette publication; otherwise, the court lacks authority to hear the matter.
Mr. Nyindam argued that the Electoral Commission gazetted the results on December 24, 2024, meaning any petition filed beyond the 21-day deadline was invalid. On that basis, he contended that the High Court had no legal standing to entertain the petition that eventually overturned his election.
The National Democratic Congress (NDC), however, insisted that the 2024 elections presented a unique circumstance, as the Electoral Commission issued two gazette notices—one on December 24, 2024, and another on January 6, 2025. The NDC maintained that the latter gazette superseded the former, making January 6 the effective date for calculating the 21-day period. They argued that the petition was filed within the lawful timeframe and that the High Court acted properly.
The Supreme Court announced that its detailed judgment will be released on February 6, 2026.
The panel that heard the case comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu, and Henry Kwoffie.
Source; Myjoyonline
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