Speaker of Parliament, Alban Bagbin, has clarified that the Kpandai parliamentary seat cannot be declared vacant despite a High Court order annulling the 2024 election results and directing the Electoral Commission (EC) to conduct a rerun within 30 days.
Addressing the House on Thursday, November 27, Speaker Bagbin explained that although the High Court ruling invalidates the earlier declaration of Matthew Nyindam as MP, the law provides for a mandatory seven-day stay of execution for all appealable High Court decisions.
“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 Hon. Matthew Nyindam as winner is invalid and the member is no longer an MP,” Speaker Bagbin said.
“I, however, bring to the attention of the House the provisions of the Court of Appeal Rules, 1997 (CI 19), as amended by CI 132, rule 27(3), which 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 judgment or decision.”
The Speaker stressed that this statutory stay is mandatory and applies to all High Court rulings capable of appeal.
He cited the Supreme Court decision in Mensah v GCB (2005–2006), which held that executing a High Court ruling before the seven-day window expires is premature and void.
He also referenced the Court of Appeal’s ruling in Clenam Construction Ltd v Valcum Crest (April 7, 2022), noting that the stay exists to give the losing party time to consider an appeal or seek further relief.
The Speaker stated that the seven-day stay remains in effect until December 1, 2025, and therefore, the High Court decision “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.”
He added that if Mr Nyindam chooses to appeal, additional procedures under C.I. 27(1) would apply.
The clarification follows demands by the Majority caucus on Wednesday, for the immediate declaration of the Kpandai seat as vacant, insisting that Mr Nyindam should cease participating in parliamentary proceedings until the rerun is held.
Majority Chief Whip Rockson Nelson Dafeamekpor cited precedent, including the case of former Assin North MP James Gyakye Quayson, to support the removal of the MP from the chamber.
In response, the Minority caucus has vowed to resist any attempt to bar Nyindam before all legal processes are exhausted. Minority Leader Alexander Afenyo-Markin told journalists that the caucus will challenge any moves to remove the MP, insisting that due process must be followed.
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