Speaker of Parliament Alban Sumana Kingsford Bagbin has clarified that the Member of Parliament for Kpandai, Matthew Nyindam, remains a duly recognised MP despite a ruling by the Tamale High Court annulling the 2024 parliamentary election results in the constituency.
Addressing the House on Thursday, November 26, 2025 the Speaker emphasised that the court’s decision cannot trigger an immediate removal from Parliament because the appellate process must first run its course.
According to him, under Court of Appeal rules, the filing of a notice of appeal automatically stays the High Court’s judgment for seven days.
Since the ruling was delivered on November 24, 2025, this period remains in force until December 1, 2025.
The Speaker stressed that until this window closes, he cannot instruct the Clerk of Parliament to notify the Electoral Commission (EC) of a vacancy.
“During this period, the High Court ruling cannot form the basis for the Speaker to instruct the Clerk to notify the Electoral Commission that the Kpandai seat is vacant,” he stated.
He added that should Mr. Matthew Nyindam further activate the appellate process under Rule 27(1) of C.I. 19, the enforcement of the judgment could be suspended until the appeal is fully determined.
Speaker Bagbin, therefore, insisted that it would be premature to bar the MP from participating in parliamentary proceedings.
“Honourable Members, this is not a declaratory order; it is an executive order delivered by the High Court,” he declared.
Majority Blocks Nyindam
The Speaker’s clarification followed heated scenes in Parliament earlier, when the Majority side moved to prevent Mr. Matthew Nyindam from taking part in the day’s business. The tension erupted when the Kpandai MP reportedly prepared to contribute to the budget debate on the floor.
Majority Chief Whip, Rockson-Nelson Dafeamekpor, rose swiftly, insisting that Parliament could no longer recognise Mr. Nyindam as an MP, following the High Court’s decision.
“Mr. Speaker, the High Court in Tamale has ordered that the outcome of the December 7, 2024, election, which brought Honourable Nyindam to this House, was flawed.
“Therefore, that election has been ordered to be rerun. Ipso facto, the Honourable Nyindam is no longer a member of this House,” he argued.
He further maintained that Parliament had been duly served with the court’s ruling and supporting documents. According to him, the House is bound by the judgment unless overturned.
“The mere filing of an appeal or a stay of execution does not operate to stop the judgment of the court,” he added, vowing that the Majority would not allow Mr. Nyindam to “continuously carry himself as an MP.”
The push by the Majority was due to an earlier ruling by Justice Emmanuel Brew Plange, which annulled the Kpandai Constituency parliamentary results and ordered a fresh election within 30 days.
Minority Defends Nyindam
The Minority has taken a sharply opposing position, rejecting the High Court’s ruling and describing it as flawed and politically tainted.
Addressing journalists on Wednesday, Minority Leader Alexander Afenyo-Markin reassured the people of Kpandai that Mr. Nyindam remains their legitimate representative.
“No person, no institution, and certainly no flawed judicial order can suspend the mandate you freely and lawfully conferred upon him,” he asserted.
He stressed that until the appeal is fully exhausted, Mr. Matthew Nyindam remains both a sitting MP and an active member of the New Patriotic Party’s Minority caucus.
He vowed that the Minority would “lawfully resist” any attempt to bar him from his duties.“We will not permit democratic legitimacy to be overturned by judicial improvisation,” he cautioned.
Mr. Afenyo-Markin also criticised the judiciary for delivering a ruling with significant democratic implications without a full written judgment, describing the move as “shameful.”
Nyindam Defends His Position as MP
Speaking on JoyFM’s Top Story programme on Wednesday, November 26, 2025 Matthew Nyindam insisted that he remains the legitimate MP and will continue performing his parliamentary duties.
He revealed that his legal team had filed a stay of execution, which he believes allows him to remain in office pending the outcome of the appeal.
“We’ve gone to court, a pronouncement was made and we have taken further steps. Why do we call it stay? I am not a lawyer, but my lawyers have spoken to me,” he explained.
He also claimed to have audio evidence of Mr. Dafeamekpor previously stating that an MP remains in office once a stay of execution is filed. This was when James Gyakye Quayson, NDC MP, was found in violation of Article 92, Clause 2a of Ghana’s constitution, when he ran for MP for Assin North during the 2020 parliamentary election. According to him, this makes the Majority’s sudden opposition difficult to understand.
Mr. Nyindam stressed his respect for court rulings, recalling that after losing the 2020 election he never attempted to return to Parliament. “I am a very law-abiding citizen… The people overwhelmingly voted for me this time, and I have come to Parliament,” he said.
Though he disagrees with the recent ruling, he emphasised that he will not act in contempt of court. “My lawyers have advised me. They have filed a stay, given me copies of the rules of procedure and laws, and I have read them,” he added.
He noted that the Speaker has halted deliberations on the matter until he personally addresses it.
Background
The Tamale High Court annulled the December 7, 2024 parliamentary election in Kpandai, after NDC parliamentary candidate, Daniel Nsala Wakpal filed a petition contesting the legitimacy of the results.
The petition cited major irregularities, including inconsistencies in Form 8A (pink sheets) from 41 out of 152 polling stations. These alleged breaches violated Regulations 39 and 43 of the Public Elections Regulations (C.I. 127).
Justice Emmanuel Brew Plange ruled that the irregularities materially affected the integrity of the election and ordered the Electoral Commission to conduct a full rerun of the parliamentary election in the constituency within 30 days.
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