The Supreme Court has fixed January 28, 2026, to deliver its ruling on a certiorari application challenging the decision to annul the 2024 parliamentary election results in the Kpandai Constituency.
The decision was made by a five member panel of the apex court presided over by Justice Gabriel Pwamang, after hearing submissions from both parties in a closely watched case with significant political implications.
The Supreme Court panel, after listening to arguments from both sides, indicated that it would consider the submissions carefully before delivering its ruling later this month.
The decision is expected to clarify important constitutional questions relating to the timelines for filing election petitions and the scope of the High Court’s jurisdiction in electoral disputes.
Proceedings at the Supreme Court attracted intense public and political interest, with the courtroom filled to capacity. Senior officials of both the New Patriotic Party and the National Democratic Congress were present, underscoring the high stakes involved.
Several Members of Parliament also attended the hearing in a show of solidarity, as the outcome will determine the immediate political future of one of their colleagues, Matthew Nyindam, the sitting NPP Member of Parliament for Kpandai.
At the centre of the case is a certiorari application filed by Mr Nyindam, who is seeking to overturn a November 2025 ruling of the Tamale High Court. That decision nullified his election victory and directed the Electoral Commission to conduct a fresh parliamentary poll within thirty days.
Plaintiff Argument
Mr Nyindam contends that the High Court acted without jurisdiction and that its ruling should therefore be quashed by the Supreme Court. The legal team for the embattled legislator, led by Gary Nimako, argued that the election petition filed by the NDC candidate, Daniel Nsala Wakpal, was fundamentally defective.
According to counsel, the petition was filed thirty two days after the official publication of the election results in the Gazette. This, they argued, exceeded the twenty one day period allowed under the 1992 Constitution for the filing of parliamentary election petitions.
Mr Nimako submitted that compliance with the constitutional timeline is not a mere procedural formality but a substantive requirement that goes to the heart of the court’s jurisdiction.
He told the panel that once the statutory period had elapsed, the High Court was deprived of the authority to entertain the petition. On that basis, he argued, every step taken by the Tamale High Court, including the annulment of the election results, was null and void.
The case traces its origins to the decision of the Tamale High Court, presided over by Justice Emmanuel Plange Brew, which upheld allegations of widespread irregularities in the conduct of the December 2024 parliamentary election in Kpandai.
The court found that irregularities at about forty one polling stations were substantial enough to affect the outcome of the election and could not be dismissed as minor errors.
In its ruling, the High Court noted that the discrepancies undermined the integrity of the electoral process in the constituency. Mr Nyindam had been declared winner of the election with 27,647 votes, representing 53.47 percent of the total valid votes cast, while Mr Wakpal polled 24,213 votes, or 46.33 percent.
The court concluded that the margin of victory was narrow enough for the identified irregularities to have influenced the final result. Following the annulment, the Electoral Commission moved swiftly to comply with the High Court order by scheduling a rerun of the parliamentary election for December 30, 2025.
Supreme Court’s Stay of Execution
Preparations were underway when the Supreme Court intervened. On December 16, 2025, the apex court granted a stay of execution, effectively halting all steps toward the conduct of the rerun pending the determination of the jurisdictional challenge.
The stay brought temporary relief to Mr Nyindam and the NPP, while prolonging uncertainty in the constituency. For residents of Kpandai, the legal battle has meant continued representation by an MP whose mandate remains under judicial scrutiny. Political reactions to the Supreme Court proceedings reflected the deep partisan divide surrounding the case.
Speaking to journalists after the hearing, the Member of Parliament for South Dayi and Majority Chief Whip, Hon. Rockson Nelson Dafeamakpor, expressed confidence in the NDC’s position. He said the party believes the High Court’s findings were sound and that the Supreme Court would ultimately uphold the decision to order a rerun.
Beyond its immediate impact on the Kpandai seat, the ruling is anticipated to have broader implications for the adjudication of future election petitions. The case presents an opportunity for the Supreme Court to reaffirm or refine its jurisprudence on strict compliance with constitutional deadlines, an issue that has featured prominently in past electoral disputes.
As January 28 approaches, both political parties and their supporters await the court’s decision with keen interest. For Mr Nyindam, the ruling could either restore his parliamentary mandate or clear the way for a fresh contest.
For the electorate of Kpandai, it will mark a critical step toward resolving a protracted dispute that has kept the constituency in political limbo since late 2025.
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