The Supreme Court criticised the leadership of the Electoral Commission (EC) today, Tuesday, December 16, expressing displeasure over the failure of the EC Chairperson, Jean Mensa, and her deputies, Dr. Bossman Asare and Samuel Tettey, to appear in court for a crucial proceeding concerning the controversial Kpandai parliamentary re-run.
The five-member panel, presided over by Justice Gabriel Pwamang, was hearing an application that challenges the very foundation of the mandated re-run in the Kpandai Constituency.
The court ruled to suspend all preparations for the re-run, effectively stalling the electoral process until January 13, 2026.
‘They Don’t Consider Actions Serious Enough?’
The presiding panel immediately noted the absence of the EC’s top hierarchy, despite the commission being the central respondent in a matter involving a key parliamentary seat.
When questions were directed to Justin Amenuvor, counsel for the EC, the court’s frustration was palpable.
Justice Issifu Omoro Tanko Amadu, a member of the panel, led the criticism, condemning the lack of attendance by the officials responsible for managing the country’s elections as an “unacceptable” display of conduct.
“They don’t consider the actions serious enough? And they are running our election, and they’ll not come to the Supreme Court,” Justice Amadu remarked sharply, underscoring the gravity of the legal challenge and the EC’s institutional obligation to treat court appearances with the utmost seriousness.
The directive to immediately halt the re-run preserves the status quo while the Supreme Court exercises its supervisory jurisdiction to review the decision of the Tamale High Court.
The High Court had earlier annulled the 2024 election victory of the NPP candidate, Matthew Nyindam, and ordered a fresh election within 30 days of the ruling.
Mr. Nyindam’s appeal to the Supreme Court argues a fundamental jurisdictional error, centring on the statutory limitation for filing election petitions.
- Constitutional Deadline: Ghana’s Representation of the People Law, 1992 (P.N.D.C.L. 284), mandates that a parliamentary election petition must be presented within 21 days after the date of the publication of the result in the Gazette.
- Applicant’s Claim: Nyindam asserts that the election results were gazetted on December 24, 2024, but the NDC candidate’s petition was filed on January 25, 2025—a period of 32 days.
- Argument: This delay, exceeding the permissible 21-day window, allegedly rendered the High Court petition statute-barred and invalid, meaning the court lacked the legal power (jurisdiction) to hear the case or order a re-run .
The Supreme Court’s decision to suspend the re-run reflects the serious nature of the jurisdictional challenge raised by Nyindam’s legal team.
Should the Supreme Court uphold the argument that the High Court acted without jurisdiction, the original election result could be reinstated, thus setting a significant precedent regarding procedural compliance in Ghana’s electoral disputes.
The five-member panel adjourned the substantive hearing to January 13, 2026, giving the parties time to prepare and the EC the opportunity to reflect on its institutional conduct.
The decision to pause the election is a major political development, keeping the Kpandai parliamentary seat vacant and the political landscape of the Northern Region in limbo until the court delivers its final verdict next year.
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