Kpandai Seat Not Vacant- Speaker

Addressing the House, the Speaker explained that under the Court of Appeal rules, a High Court decision in an election petition cannot take immediate effect once a notice of appeal is filed. The law provides for an automatic seven-day stay of execution, during which the ruling cannot be enforced.

The High Court delivered its judgment on November 24, 2025, meaning the stay remains in force until December 1, 2025.

“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,” Speaker Bagbin told the House.

He added that should Mr. Nyindam proceed with a formal appeal, including applications under Rule 27(1) of C.I. 19, the enforcement of the judgment could be further suspended until the appeal is fully determined.

The Speaker stressed that it would therefore be “premature” to conclude that Mr. Nyindam is disqualified from entering Parliament or participating in proceedings. “Honourable Members, this is not a declaratory order; it is an executive order delivered by the High Court,” he said, affirming Nyindam’s right to take part in parliamentary business.

The Tamale High Court, presided over by Justice Emmanuel Brew Plange, annulled the December 7, 2024 parliamentary election in Kpandai after a petition by the NDC parliamentary candidate, Daniel Nsala Wakpal.

The petition cited significant irregularities, particularly inconsistencies in Form 8A (pink sheets) from 41 out of 152 polling stations, alleged to contravene Regulations 39 and 43 of the Public Elections Regulations (C.I. 127).

Justice Plange ruled that the breaches materially compromised the integrity of the election and ordered the Electoral Commission to conduct a rerun across the entire constituency.

With the Speaker’s clarification, the Kpandai seat remains occupied, at least until the expiration of the mandatory seven-day stay or the determination of any further appeal processes initiated by the incumbent MP.