The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has ruled that it is premature to declare the Kpandai parliamentary seat vacant, following a High Court order directing the Electoral Commission (EC) to rerun the constituency’s 2024 election.
In a detailed ruling delivered on the floor of Parliament on Thursday, November 27, 2025, Speaker Bagbin invoked provisions of the Court of Appeal Rules, 1997 (C.I. 19), emphasising a mandatory seven-day statutory stay of execution on High Court decisions.
This stay, he noted, prevents any immediate enforcement of the Tamale High Court’s judgment until December 1, 2025.
The decision came in response to an application by the Majority Chief Whip, Rockson Nelson-Dafeamekpor, seeking to have the seat declared vacant after the court annulled the election results that declared New Patriotic Party (NPP) candidate Matthew Nyindam as the winner.
“This order arises out of the election petition filed by Daniel Ensaw (NDC parliamentary candidate) challenging the declaration by the Electoral Commission of Honourable Matthew Nyindam as Member of Parliament-elect for the Kpandai Constituency pursuant to the parliamentary election held on the 7th of December 2024,” Speaker Bagbin stated.
The Tamale High Court, presided over by Justice Emmanuel Brew Plange, on November 24, 2025, nullified the results and ordered the EC to conduct a fresh poll within 30 days, citing irregularities in the original process.
The ruling stemmed from Ensaw’s petition, which alleged electoral malpractices that undermined the integrity of the December 7, 2024, polls in the Northern Region constituency.
However, Speaker Bagbin stressed that the High Court’s order triggers an automatic seven-day stay under Rule 27(3) of C.I. 19, as amended.
“There shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision,” he quoted.
Drawing on precedents, the Speaker referenced the Supreme Court’s decision in Mensah v. Ghana Commercial Bank, which held that any execution before the stay expires is premature and void.
He also cited the Court of Appeal’s ruling in Clennam Construction Limited v. Falcon Crest, underscoring the stay’s purpose: to allow the losing party time to consider an appeal or seek further relief.
Justice Baffoe-Bonnie’s explanation in the latter case was highlighted: “A plain meaning, scope and effect of Rule 27(3) of C.I. 19 is that… there shall operate a statutory stay of execution or proceedings for a period of seven days. The apparent intent of the law is to enable the vanquished to ponder over and scrutinise the bona fides of the ruling, decision or judgment in order to decide on whether or not to appeal.”
Given that the High Court ruling was delivered on November 24, the stay remains in effect until December 1.
“During this period, the High Court’s ruling cannot form the basis for the Speaker to instruct the Clerk to notify the Electoral Commission that the Kpandai seat is vacant,” Bagbin ruled.
The Speaker further noted that Nyindam could file an application for an extended stay under Rule 27(1), potentially suspending enforcement until determined by the court.
This, he said, would prevent alterations to the MP’s status under Articles 97 and 99 of the 1992 Constitution.
Addressing concerns over Article 105, which penalises unauthorised participation in Parliament, Bagbin clarified: “The Member would only fall foul of it should he know that he ought not to be in the Chamber and nevertheless participates… It is therefore too premature to say that the Honourable Matthew Nyindam is disqualified from entering and participating in the proceedings of the House while this period still falls within the seven-day mandatory stay.”
He described the High Court order as executory rather than declaratory, affirming that Nyindam was entitled to participate in Wednesday’s proceedings.
“The Honourable Member was right to have been in the House yesterday and to have participated in the proceedings,” the Speaker added.
Nyindam has already rejected the High Court ruling and filed a notice of appeal, with his lawyers submitting a motion for stay of execution.
The development has heightened tensions between the NPP-led Majority and NDC Minority in Parliament, with South Dayi MP Rockson-Nelson Dafeamekpor earlier insisting that Nyindam is “no longer a member of this House” by operation of law.
The Kpandai constituency, a key battleground in the 2024 elections, saw Nyindam declared winner with a slim margin over Ensaw, sparking immediate legal challenges.