Minority rejects High Court order for Kpandai rerun

The Minority Caucus in Parliament has dismissed as unconstitutional a decision by Justice Emmanuel Brew Plange of the Tamale High Court directing a fresh parliamentary poll in the Kpandai Constituency within 30 days.

The order followed a petition by the 2024 National Democratic Congress (NDC) Parliamentary Candidate for Kpandai, Daniel Nsala Wakpal, who alleged widespread irregularities in the constituency’s election.

But addressing journalists in Parliament, Minority Leader Alexander Kwamena Afenyo-Markin criticised the ruling, arguing that it was delivered without the full judgment being made available.

According to him, the court failed to provide the written reasoning, factual findings or legal analysis required to justify such a consequential order. He said the manner in which the directive was issued raised fundamental constitutional concerns.

“I understand that court occasionally delivers rulings with reasons to follow. But such a practice is the exception, not the rule. And it is never an acceptable approach when the stakes are this high. When a parliamentary seat hangs in the balance, when constitutional rights are imperial, and when the votes of thousands of citizens face annulment,” Mr Afenyo-Markin stated.

He questioned the basis for the sweeping order for a rerun in all 152 polling stations, noting that the petitioner had not sought such a remedy. He pointed out that the petitioner’s key witness “underscored the fact that all they needed was a rerun in some 41 polling stations” and further claimed that the collation process proceeded without due notice to him.

Mr Afenyo-Markin argued that even if wrongdoing had been established, the remedy imposed was “fundamentally flawed” and disproportionate.

The Minority Leader maintained that the evidence presented before the court did not justify the nullification of the entire constituency’s results.

He said the caucus viewed the directive as a threat to parliamentary representation and voter rights. He stressed that the incumbent MP for Kpandai, Matthew Nyindam, remained the legitimate representative of the constituency.

“We are not certain that the petitioner proved this case. But even if he did, the court found credible evidence of wrongdoing, the remedy imposed is still fundamentally flawed,” he added.

Mr Afenyo-Markin said the Minority would resist any attempt to remove Mr Nyindam from his seat outside due process. He insisted the caucus would “challenge the judgment of the High Court through every lawful avenue available,” signalling an imminent appeal and related legal actions as they seek to affirm the incumbent’s mandate.

Last week, the Tamale High Court directed a fresh parliamentary election in Kpandai, to be held within 30 days, following a legal challenge over the 2024 results.

The ruling, delivered by His Lordship Emmanuel Brew Plange, responded to claims of irregularities in the voting and collation processes that undermined the credibility of the outcome.

Daniel Nsala Wakpal, the former Member of Parliament and National Democratic Congress (NDC) candidate, challenged the election of Matthew Nyindam.

Wakpal argued that the December 7, 2024, election was invalid due to inconsistencies in FORM 8A (Regulation 32(7) and 39(2) Statement of Polls for the Office of Member of Parliament — Pink Sheet) in 41 of 152 polling stations across the constituency.

He stated: “The parliamentary election held in the Kpandai constituency on 7th December 2024 was not conducted in compliance with Regulations 39 of the Public Elections Regulations, 2020 (CI 127) and the principles laid down by Regulations 39, and that the said non-compliance affected the results of the elections.