Speaker of Parliament Alban Bagbin has made it clear that the Kpandai parliamentary seat cannot be considered vacant, despite a High Court ruling that annulled the 2024 election results and instructed the Electoral Commission (EC) to hold a rerun within 30 days.
During his address to the House on Thursday, November 27, Bagbin explained that while the High Court’s ruling invalidates the previous declaration of Matthew Nyindam as MP, it cannot take immediate effect due to the legal requirement for a mandatory seven-day stay of execution on all appealable High Court decisions.
“To my understanding, the order implies that the EC must conduct a rerun election within 30 days, which means that the original declaration of Hon. Matthew Nyindam as the winner is no longer valid and he is no longer an MP,” Bagbin stated.
“I would like to draw the House’s attention to the provisions of the Court of Appeal Rules, 1997 (CI 19) as amended by CI 132, rule 27(3). This rule stipulates that there shall be a stay of execution of the judgment or decision being appealed for a period of seven days immediately following the notice of the judgment or decision.”
The Speaker emphasized that this rule is mandatory and applies to all High Court decisions that can be appealed. He referenced the Supreme Court’s ruling in Mensah v GCB (2005–2006), which determined that any execution prior to the end of the seven-day period is considered premature and void.
He further noted that the Court of Appeal reiterated this in Clenam Construction Ltd v Valcum Crest (April 7, 2022), highlighting that the statutory stay is in place to provide the losing party with time to contemplate whether to appeal or seek additional relief.
Bagbin stated that the seven-day statutory stay will remain effective until December 1, 2025, and thus the High Court ruling “cannot serve as a basis for the Speaker to direct the Clerk to inform the EC that the Kpandai seat is vacant.” He also mentioned that if Nyindam decides to appeal, additional procedures under CI 27(1) would be applicable.
Bagbin emphasized, “It is therefore too early to assert that the Honorable Matthew Nyindam is qualified to enter and engage in the activities of the house, as this period falls within the seven-day mandatory stay of execution of the order.
“Honorable members, this is not a declarative order; it is an executive order issued by the high court, thus the honorable member was correct to be present in the house yesterday.”
His clarification follows the Majority caucus’s demand for the Speaker to promptly declare the seat vacant, insisting that Nyindam must cease participation in parliamentary proceedings until the rerun occurs.
Majority Chief Whip Rockson Nelson Dafeamekpor contended that precedent—specifically the case of former Assin North MP James Gyakye Quayson—justifies the removal of the MP from the chamber.
Conversely, the Minority has pledged to oppose any efforts to exclude Nyindam prior to the completion of all legal processes. Minority Leader Alexander Afenyo-Markin informed journalists that the caucus will contest any attempts to remove the MP, asserting that due process must be adhered to.
With the legal framework now clarified by the Speaker, Parliament is anticipated to wait for the expiration of the statutory stay—and any possible appeal—before proceeding with further actions regarding the Kpandai seat.
