A fresh constitutional storm has erupted in Parliament after Speaker Alban Bagbin firmly dismissed Majority demands to immediately declare the Kpandai parliamentary seat vacant, despite a High Court ruling that annulled the December 2024 election results and ordered a rerun within 30 days.
In a dramatic address to the House on Thursday, November 27, Bagbin ruled that the High Court’s decision cannot take effect yet because Ghana’s appellate rules impose an automatic and mandatory seven-day stay of execution on all appealable High Court judgments.
“The effect of the order is that the EC must conduct a rerun within 30 days, meaning the declaration of Hon. Matthew Nyindam as winner is invalid,” Bagbin explained. “However, the law is clear. There shall be a stay of execution for seven days. That period ends on December 1, 2025. Until then, the order cannot be executed.”
Supreme Court Precedents Back Speaker’s Position
Citing CI 19 as amended by CI 132, Bagbin invoked Rule 27(3), which requires a statutory stay immediately after any High Court decision that can be appealed.
He reminded MPs of the Supreme Court’s ruling in Mensah v. GCB (2005–2006), which held that executing any High Court order before the seven-day window is “premature, void, and of no effect.” He reinforced his position with the Court of Appeal’s 2022 decision in Clenam Construction Ltd v Valcum Crest, which described the seven-day stay as a safeguard ensuring fairness and due process.
“For this reason,” Bagbin stressed, “it is premature to say Hon. Nyindam is disqualified from participating in proceedings. This was an executive order, not a declaratory one. The member was right to sit in the House yesterday.”
Majority Fires Back — But Minority Stands Firm
The Speaker’s ruling follows an aggressive push from the Majority caucus, which demanded that Nyindam be blocked from the chamber immediately and the Clerk instructed to inform the Electoral Commission of a vacancy.
Majority Chief Whip Rockson Nelson Dafeamekpor argued that precedent — especially the James Gyakye Quayson case — supports instant removal.
But the Minority caucus is giving no ground.
Minority Leader Alexander Afenyo-Markin blasted attempts to eject Nyindam as “legally reckless and politically motivated,” warning that the NDC will resist any move that violates parliamentary procedure.
“We will not allow anyone to bulldoze due process,” he told reporters. “The law is the law.”
High Stakes as Appeal Window Opens
With Bagbin’s ruling, the legal clock now ticks toward December 1 — the expiry of the mandatory stay. If Nyindam files an appeal, additional protections under CI 27(1) could keep him in Parliament for weeks, if not months.
Political analysts warn that the Kpandai dispute could become another bitter flashpoint between the two caucuses, raising tensions in an already deeply polarized chamber.
What Happens Next?
For now:
- The Kpandai seat is NOT vacant.
- Nyindam remains a full MP and can participate in proceedings.
- Parliament must wait for the 7-day stay to lapse — or for Nyindam to appeal.
Bagbin made it clear: Parliament cannot — and will not — be stampeded into breaching the Constitution.
As the showdown intensifies, one thing is certain: the battle over the Kpandai seat is far from over, and its political fallout could shape parliamentary power balances in the weeks ahead.
