Supreme Court Quashes Tamale High Court Ruling on Kpandai Poll

The Supreme Court of Ghana has set aside the decision of the Tamale High Court that annulled the 2024 parliamentary election results for the Kpandai Constituency in the Northern Region, effectively stopping the Electoral Commission’s planned rerun.

The apex court delivered its ruling by a 4–1 majority, with Justice Gabriel Scott Pwamang, who presided as President of the panel, dissenting. The majority decision was delivered by Justices Yonny Kulendi, Amadu Tanko, Samuel Asiedu, and Henry Kwofie. The Court is expected to issue its full written reasons on February 6, 2026.

The Court granted an application for certiorari filed by the New Patriotic Party (NPP) Member of Parliament for Kpandai, Matthew Nyindam, who challenged the High Court’s jurisdiction to annul his election.

Nyindam’s Case: High Court Lacked Jurisdiction

Mr Nyindam argued that the election petition filed by the National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal, was submitted outside the constitutionally mandated 21-day period after the publication of the election results.

According to his legal team, the Kpandai parliamentary results were gazetted on December 24, 2024, making the petition filed on January 25, 2025, time-barred. They contended that the Tamale High Court therefore lacked jurisdiction, rendering its orders—including the annulment of the election and the directive for a rerun—null and void.

NDC’s Response

Counsel for Mr Wakpal maintained that the relevant Gazette was issued on January 6, 2025, which included Kpandai among other constituencies, and that the petition was filed within the statutory timeframe.

They further argued that Mr Nyindam had relied on the January Gazette in earlier proceedings and could not subsequently repudiate it, raising issues of estoppel and procedural fairness.

Electoral Commission’s Position

The Electoral Commission (EC) had announced a rerun for December 31, 2025, following the High Court’s decision, explaining that parliamentary results were gazetted in multiple batches. The rerun was, however, suspended pending the Supreme Court’s determination.

Implications of the Ruling

The Supreme Court’s decision nullifies the High Court judgment and halts the proposed rerun, effectively restoring Matthew Nyindam’s mandate as the duly elected Member of Parliament for Kpandai.