The Supreme Court has, by a majority decision of 4 to 1, overturned the ruling of the Tamale High Court that nullified the parliamentary election results for the Kpandai Constituency in the Northern Region.
In its ruling on Wednesday, the apex court held that the Tamale High Court lacked jurisdiction to hear the election petition filed by the defeated National Democratic Congress NDC parliamentary candidate because the petition was submitted outside the mandatory statutory time limit prescribed by law.
The ruling followed a judicial review application brought before the Supreme Court by Lawyer Gary Nimako, Director of Legal Affairs of the New Patriotic Party NPP, who challenged the legality of the High Court’s decision.
As a result of the Supreme Court’s ruling, the planned parliamentary election rerun in Kpandai will no longer take place. The decision effectively restores and affirms the election of the NPP’s Mathew Nyindam as the duly elected Member of Parliament for the constituency.
The dispute arose after the Tamale High Court annulled the results of the 2024 parliamentary election in Kpandai and ordered a rerun, following a petition filed by the NDC candidate who lost the contest. The High Court’s decision prompted the Electoral Commission to take steps towards organising a fresh election.
However, the NPP challenged the ruling at the Supreme Court, arguing that the election petition was filed beyond the 21-day statutory period allowed under electoral laws, rendering the High Court proceedings null and void.
In agreeing with the NPP’s position, the Supreme Court concluded that the High Court had acted without jurisdiction, making all subsequent orders, including the directive for a rerun, legally invalid.
The ruling brings finality to the protracted legal battle over the Kpandai parliamentary seat and secures Mathew Nyindam’s position as Member of Parliament for the constituency.