Lawyer and Senior Vice President of IMANI-Africa, Kofi Bentil, has criticised Parliament’s decision to declare the Kpandai parliamentary seat vacant, arguing that the move was procedurally wrong given that an appeal had already been filed against the High Court ruling.
Speaking on JoyNews’ Newsfile programme on Saturday, December 20, Bentil said Parliament ought to have exercised restraint once the affected Member of Parliament, Nyindam, lodged an appeal.
According to him, the filing of an appeal automatically places the High Court decision in abeyance until the appellate court determines the matter.
“Once an appeal is filed, the effect of the judgment is suspended. Parliament should not have gone ahead to declare the seat vacant,” he stated.
Bentil explained that the constitutional and legal framework governing election disputes requires institutions to respect the hierarchy of courts and ongoing judicial processes.
He warned that acting on a judgment that is under appeal risks creating legal and institutional confusion.
“You cannot enforce a decision that is being challenged. That is basic law. Otherwise, you undermine the authority of the appellate courts,” he noted.
The IMANI-Africa Vice President further argued that Parliament’s action contributed to the uncertainty surrounding the Kpandai case, which has now escalated to the Supreme Court. He said such premature decisions can inflame political tensions and erode public confidence in democratic institutions.
“When institutions rush ahead of the law, they create instability and open the door to avoidable conflict,” Bentil added.
His comments come amid the Supreme Court’s suspension of all processes relating to the proposed Kpandai parliamentary rerun, as it considers a legal challenge seeking to overturn the High Court judgment that annulled the 2024 election.
The apex court has adjourned the matter to January 13, 2026, and until a final ruling is delivered, all actions connected to the rerun remain on hold.
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