The Supreme Court will hear on January 28, 2026, on whether to quash the High Court Judgment annulling the parliamentary result for Kpandai in the Northern Region.
The matter stems from the Tamale High Court’s decision to overturn the election of New Patriotic Party (NPP) Member of Parliament, Matthew Nyindam, following a petition filed by National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal, and ordered a rerun of the election.
Acting on the High Court’s judgment, the Electoral Commission (EC) announced on December 31, 2025, as the date for the rerun.
The process, however, was suspended after Mr. Nyindam filed an application at the Supreme Court, invoking its supervisory jurisdiction to quash the High Court’s decision
Nyindam’s Argument: High Court Lacked Jurisdiction
At the heart of Mr Nyindam’s case is the argument that the Tamale High Court acted without jurisdiction because the parliamentary election petition was filed outside the mandatory 21-day statutory period required by law.
His lawyers contend that the Kpandai parliamentary election results were gazetted on December 24, 2024, triggering the timeline. On that basis, the petition filed by Mr Nsala on January 25, 2025, was time-barred and should not have been entertained.
According to the applicant, once the High Court lacked jurisdiction, every step taken thereafter—including the judgment nullifying the election and ordering a rerun—was a nullity.
The legal team argues that the error is apparent on the face of the record, warranting the Supreme Court’s intervention.
Wakpal’s Response
Lawyers for Mr. Nsala Wakpal have strongly opposed the application, maintaining that the High Court acted within its constitutional mandate under Article 99 of the 1992 Constitution.
They argue that the Kpandai results were re-gazetted on January 6, 2025, and that the December 24, 2024 Gazette should not take precedence.
According to them, the January 6, 2025 Gazette was a comprehensive publication covering all constituencies, including Kpandai, making the petition filed on January 25 well within the 21-day limit.
The NDC candidate’s legal team also contends that Nyindam relied on the January 6 Gazette during proceedings at the High Court and cannot now resile from that position merely because the judgment went against him, raising issues of estoppel and fairness.
Electoral Commission’s Position
The Electoral Commission has acknowledged the existence of multiple Gazette notifications, explaining that different Gazette numbers reflected different batches of constituencies published at different times.
The case has been adjourned to January 28, 2025 for ruling. Meanwhile the order suspending the re-run is still in force until the determination of the matter.
