The debate surrounding the Kpandai parliamentary seat has intensified following the Tamale High Court’s annulment of the 2024 election results, and the subsequent request by the Majority Caucus for Speaker of Parliament Rt. Hon. Alban Bagbin to declare the seat vacant.
The Yendi MP, Hon. Abdul-Fatawu Alhassan, has however insisted that Kpandai MP Hon. Matthew Nyindam must continue to sit in Parliament while the case is under appeal, grounding his position in legal procedure, parliamentary fairness and the principle of preventing irreparable loss.
His comments form part of the broader national discussion on the balance between respecting judicial orders and ensuring representation for constituents as the matter progresses through the appeals process under President John Dramani Mahama’s 2025 administration.
Speaking in an interview, Hon. Alhassan argued that once an application for a stay of execution has been properly filed, the affected MP retains the right to remain in Parliament until the stay is heard and determined.
“A stay of execution is grounded on the principle of preventing irreparable loss or damage. If the application is heard and determined in his favour, the time he was kept out of Parliament cannot be replaced. As a practising lawyer, I believe Matthew Nyindam should remain in Parliament while the appeal is pending”
Hon. Abdul-Fatawu Alhassan, Yendi MP
He warned that removing Hon. Nyindam prematurely could not permanently disadvantage the legislator but his constituents too, particularly if the appeal ultimately overturns the High Court’s ruling, stressing that any absence of representation resulting from an enforced vacancy would be a loss that no court judgment could restore.
His position directly counters the Majority’s insistence that the Speaker declare the seat vacant based on the High Court ruling. For Hon. Alhassan, the filing of both a notice of appeal and an accompanying stay shifts the legal landscape and gives Hon. Nyindam the procedural right to continue his parliamentary duties.
Effects of Filing a Stay
Hon. Alhassan rejected claims that Hon. Nyindam must stay away from Parliament in obedience to the court order, explaining that a notice of appeal alone is not enough to suspend the ruling, but a stay of execution is.
According to him, the Minority’s legal team has complied with the necessary processes that permit the Kpandai MP’s continued presence in the House.
“Some people think that because there is a court order, he must simply comply. If he had only filed a notice of appeal, that would not amount to a stay. But now that a stay has been filed, I believe he has every right to return to Parliament”
Hon. Abdul-Fatawu Alhassan, Yendi MP
This reasoning forms the basis for his conclusion that Hon. Nyindam is well within his rights to remain and participate fully in parliamentary business, a position he reiterated strongly in his broader commentary.
“I think he has every right to come to Parliament and participate. Once a stay is filed, it has to be respected until the stay is heard and determined,” Hon. Alhassan said, maintaining that parliamentary duties cannot be paused without clear legal justification, especially when a stay of execution has already been activated.
His intervention adds another dimension to ongoing debates within the House, particularly as leadership from both sides continues to engage on the implications of the court’s ruling. For residents of Kpandai, the outcome of the appeal and the Speaker’s decisions will determine whether their seat remains represented while the legal battle unfolds.
Alhassan’s comments reflect the Minority’s effort to ensure that representation is preserved throughout the process, even as the case progresses through the judicial system.
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