The National Democratic Congress (NDC) parliamentary candidate for the Kpandai constituency in the 2024 general elections, Daniel Nsala Wakpal, has filed a fresh suit at the Supreme Court challenging key provisions of Ghana’s election petition law.
In a writ invoking the Supreme Court’s original jurisdiction, Wakpal is seeking a declaration that Section 18 of the Representation of the People Law (PNDCL 284) is inconsistent with the 1992 Constitution.
The plaintiff contends that the requirement under the law for parliamentary election petitions to be filed only after the publication of results in the Ghana Gazette undermines key constitutional provisions on elections and the resolution of electoral disputes.
Wakpal is asking the apex court for several reliefs, including a declaration that the constitutional jurisdiction vested in the High Court under Article 99(1) of the Constitution to hear parliamentary election petitions cannot be limited or ousted by subordinate legislation such as PNDCL 284.
He further argues that, upon a proper interpretation of Articles 49(2), 49(3), 99(1), and 99(2) of the Constitution, an aggrieved party in a parliamentary election should be permitted to challenge results declared at the polling station level without having to wait for the Electoral Commission (EC) to publish the constituency-wide results in the Gazette.
Additionally, the suit prays the Supreme Court to declare that it does not possess original jurisdiction to determine parliamentary election disputes, asserting that such matters are exclusively within the domain of the High Court.
Wakpal brings the action in his capacity as a citizen of Ghana, relying on Articles 2(1) and 130(1) of the Constitution, which empower individuals to challenge the constitutionality of laws.
The suit is filed against the backdrop of the Supreme Court’s ruling on January 26, 2026, in which the court, by a majority decision, set aside a judgment of the Tamale High Court that had annulled the Kpandai parliamentary election results and ordered a rerun. That decision effectively halted any plans by the Electoral Commission to conduct a fresh election in the constituency.
The plaintiff is also seeking any further orders or directions that the court may deem fit to give full effect to the declarations and reliefs granted.