Speaker of Parliament Alban Bagbin says the Kpandai seat cannot be declared vacant yet, despite a High Court ruling that annulled the 2024 parliamentary results and ordered a rerun within 30 days.
He told MPs on Thursday that the law requires a mandatory seven-day stay of execution on all appealable High Court decisions, meaning the ruling cannot take immediate effect.
Bagbin explained that although the court’s decision invalidates the earlier declaration of Matthew Nyindam as MP, Parliament cannot act on it until the statutory window expires.
He pointed to the Court of Appeal Rules, specifically rule 27(3), which automatically pauses the enforcement of such rulings for seven days. He also referenced a Supreme Court decision in Mensah v GCB, which held that any execution carried out before the seven-day period lapses is void, as well as a 2022 Court of Appeal judgment reaffirming the same principle.
According to the Speaker, the stay remains in force until December 1, and Parliament cannot instruct the Clerk to notify the Electoral Commission that the seat is vacant. If Nyindam chooses to appeal, further procedures will apply. Bagbin added that, during this period, the MP is still allowed to be in the chamber and take part in parliamentary work.
“Honourable members, it is therefore too premature to say that the honourable Matthew Nyindam is disqualified from entering and participating in the proceedings of the House because this period still falls within the seven days mandatory stay of execution of the order.
“Honourable members, this is not a declaratory order, it is an executive order that was delivered by the High Court. And so the Honourable Member is right to have been in the House yesterday and to have participated in the proceedings,” Bagbin said.
His clarification followed a push from the Majority caucus for the seat to be declared vacant immediately. Majority Chief Whip, Rockson Nelson Dafeamekpo,r argued that Parliament should follow the precedent set in the case of former Assin North MP James Gyakye Quayson, who was barred from the House after a similar ruling.
The Minority has taken the opposite view. Minority Leader Alexander Afenyo-Markin said the caucus will oppose any effort to remove Nyindam until all legal avenues, including a possible appeal, are fully exhausted.