Speaker says Kpandai seat not vacant yet, citing mandatory stay of execution

The Speaker of Parliament, Mr Alban Kingsford Sumana Bagbin, has ruled against declaring the Kpandai Constituency seat vacant despite the Tamale High Court order for a rerun of the 2024 parliamentary election.

Addressing the House on the matter yesterday, Mr Bagbin clarified that the High Court decision could not take immediate effect as the law provides for a mandatory seven-day stay of execution in all appealable High Court rulings. He indicated that declaring the Kpandai seat vacant would therefore be premature.

“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Mr Matthew Nyindam as winner is invalid and he is no longer an MP,” Mr Bagbin said.

He further explained: “I however bring to the attention of the House the provisions of the Court of Appeals Rules, 1997 (C.I 19) as amended by C.I 132, rule 27 (3). It provides that there shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgement or decision.”

According to the Speaker, the rule is mandatory and applies to every High Court decision capable of appeal. He cited the Supreme Court decision in the case involving Mensah v GBC (2005-2006), which indicated that any stay of execution before the expiration of the seven-day window is premature.

Mr Bagbin noted that the seven-day window allowing Mr Nyindam to be considered an MP remains in force until December 1, 2025. As such, he emphasized that the High Court ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.”

“It is therefore too premature to say that Mr Matthew Nyindam is disqualified from entering the Chamber and participating in the activities of the House because this period stays within the seven-day mandatory stay of execution of the High Court order,” Mr Bagbin said.

The clarification from Mr Bagbin followed a debate on the eligibility of Mr Nyindam to participate in parliamentary activities by the Majority Chief Whip, Mr Rockson-Nelson Dafeamekpor, and the Minority Leader, Mr Alexander Kwamena Afenyo-Markin.

It would be recalled that the Tamale High Court, presided over by Justice Emmanuel Brew Plange, annulled the parliamentary election results of the Kpandai Constituency and ordered a rerun of the election within 30 days.

BY BENJAMIN ARCTON-
TETTEY

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