The Supreme Court is scheduled to announce its decision on Wednesday, January 28, 2026, regarding a request to overturn the High Court ruling that invalidated the parliamentary election results for the Kpandai Constituency in the Northern Region.
This case stems from a ruling by the Tamale High Court, which nullified the election of Matthew Nyindam, a Member of Parliament from the New Patriotic Party (NPP), following a petition submitted by Daniel Nsala Wakpal, the candidate from the National Democratic Congress (NDC).
Consequently, the High Court mandated a rerun of the parliamentary election. In response to the ruling, the Electoral Commission (EC) set the rerun date for December 31, 2025.
However, the process was interrupted when Mr. Nyindam appealed to the Supreme Court, invoking its supervisory authority to annul the High Court’s decision.
The result of the apex court’s ruling is anticipated to clarify whether the High Court’s directive for a rerun will be upheld or overturned.
Central to Mr. Nyindam’s argument is the assertion that the Tamale High Court acted beyond its jurisdiction, as the parliamentary election petition was submitted beyond the legally mandated 21-day period.
His legal representatives argue that the Kpandai parliamentary election results were officially published on December 24, 2024, which initiated the timeline. Therefore, the petition lodged by Mr. Nsala on January 25, 2025, was submitted too late and should not have been considered.
The applicant contends that since the High Court lacked jurisdiction, every action taken thereafter—including the ruling that annulled the election and mandated a rerun—was invalid.
The legal team maintains that this error is evident in the record, justifying the Supreme Court’s involvement.
Mr. Nsala Wakpal’s attorneys have vigorously contested the application, asserting that the High Court operated within its constitutional authority as outlined in Article 99 of the 1992 Constitution.
They assert that the Kpandai results were re-published in the Gazette on January 6, 2025, and that the Gazette dated December 24, 2024, should not be prioritized.
They maintain that the January 6, 2025, Gazette was an all-encompassing publication that included all constituencies, Kpandai included, thus making the petition submitted on January 25 well within the stipulated 21-day timeframe.
The legal team representing the NDC candidate further argues that Nyindam based his arguments on the January 6 Gazette during the High Court proceedings and cannot now deviate from that stance simply because the ruling was unfavorable to him, which raises concerns regarding estoppel and fairness.
The Electoral Commission has recognized the presence of several Gazette notifications, clarifying that various Gazette numbers correspond to different groups of constituencies published at distinct times.
The case has been postponed to January 28, 2025, for a ruling. In the meantime, the order suspending the re-run remains effective until the matter is resolved.
