Hon. Alexander Afenyo-Markin, the Minority Leader and Member of Parliament (MP) for Effutu, has issued a scathing indictment of the Tamale High Court’s handling of the Kpandai election petition, accusing Justice Manuel Bart-Plange Brew of a “troubling pattern,” of delays that threaten constitutional stability.
The latest friction erupted on Thursday, December 18, 2025 when the court failed to deliver a highly anticipated ruling on a stay of execution filed by the embattled MP, Hon. Matthew Nyindam – a move the Minority Leader suggested is part of a systemic hesitation to justify a “sweeping and controversial,” judicial intervention.
“Justice Manuel Bart-Plange Brew of the High Court, Tamale did not sit yesterday. No ruling was delivered. No new date was fixed. Parties were simply informed by the Registrar that ‘He’s indisposed.’ This is not an isolated incident”
Hon. Alexander Afenyo-Markin, Minority Leader
For Hon. Afenyo-Markin, the stakes could not be higher. Justice Brew’s November 24th ruling nullified the entire Kpandai election – despite the petition targeting only a fraction of polling stations – and ordered a total rerun. This decision, which uprooted Nyindam’s 3,734-vote majority, has already triggered a constitutional standoff between Parliament and the Supreme Court.
A core friction as he pointed out in this saga is the speed at which Parliament moved to treat the Kpandai seat as vacant, despite pending legal appeals. Hon. Afenyo-Markin contended that the administrative machinery for a by-election was rushed into motion while the very legality of the High Court’s decision remained under challenge.
The Minority’s protests were brushed aside, leading to a situation where a single High Court judge’s absence has effectively left the people of Kpandai without representation in a divided Parliament.
The “no-show,” on December 18th was seen as the final straw in a process where timelines are treated as suggestions rather than binding commitments. For a decision that strips an MP of a mandate supported by 27,947 votes, Hon. Afenyo-Markin argued that the court’s lack of transparency is inexcusable.
“Why do judges fix firm ruling dates in open court if those timelines are not treated as binding commitments? Litigants, Parliament and the Electoral Commission have all now organised their conduct around dates that the court itself has not honoured. In a vacuum, illness is understandable. In the context of repeated missed timelines – it begins to look like a troubling pattern”
Hon. Alexander Afenyo-Markin, Minority Leader
The Supreme Court Pivot
According to the Effutu MP the tension of the Kpandai case lies in the “extreme remedy” chosen by the Tamale High Court. While the NDC petitioner, Daniel Nsala Wakpal, focused on specific irregularities, Justice Brew opted to nullify the entire constituency vote of over 52,000 citizens.
Hon. Afenyo-Markin argued that this intrusive order necessitated immediate judicial clarity, which the trial court has failed to provide through the repeated delay of the written judgment and the stay of execution ruling.
The situation forced the Supreme Court to intervene on December 16, 2025, issuing an interim order to halt the Electoral Commission’s rerun preparations to prevent them from out-running the apex court’s eventual decision on a certiorari application.
“The facts are stark. Hon Nyindam won Kpandai with 27,947 votes to his opponent’s 24,213 and a clear majority… Despite that, the High Court nullified the entire constituency election. That decision not only strips an MP of his seat but also temporarily reduces NPP’s strength in Parliament”
Hon. Alexander Afenyo-Markin, Minority Leader
Reciprocal Respect
Hon. Afenyo-Markin posited that respect for the judiciary is a two-way street; when the court triggers national consequences, it owes the public more than a “single unexplained word of indisposition.
He warned that the current delay creates the impression of a justice system that moves swiftly when taking away rights and hesitates when called upon to justify that choice. The Minority Leader’s request is straightforward: a return to procedural clarity.
He emphasized that the Court of Appeal and the Supreme Court are already seised with the matter, yet the trial court remains the bottleneck.
“Justice Brew should appear promptly, give a clear and reasoned ruling on the stay of execution and bring procedural clarity to a case he has already placed at the centre of Ghana’s constitutional conversation. Justice delayed is not only justice denied… it begins to look like something more troubling”
Hon. Alexander Afenyo-Markin, Minority Leader
For him, the conclusion of this legal firestorm now rests on whether Justice Brew will show up to harmonize the lower court’s actions with the ongoing Supreme Court review. Until then, the people of Kpandai remain in a state of democratic limbo, with their 2024 votes effectively suspended in a vacuum of judicial silence.
READ ALSO: Gov’t to Balloon Export Growth Via Credit Facilities for Exporters
