The Supreme Court, in a 4–1 majority ruling, has overturned a High Court judgment that nullified the election of the New Patriotic Party’s parliamentary candidate for Kpandai, Matthew Nyindam.
The apex court acted on an application by Mr Nyindam, who invoked its supervisory jurisdiction, arguing that the High Court lacked the authority to hear the election petition that led to the annulment of his victory.
By upholding the application, the Supreme Court restored Mr Nyindam’s status as Member of Parliament for the Kpandai constituency.
Justice Gabriel Scott Pwamang, who chaired the panel, dissented from the majority decision.
The dispute centred on the date the Electoral Commission officially gazetted the results of the 2024 parliamentary elections in Kpandai. Ghana’s electoral laws require that election petitions be filed within 21 days of the gazette notification, after which the courts lose jurisdiction.
Mr Nyindam contended that the results were gazetted on December 24, 2024, and that the petition was filed outside the mandatory 21-day window, rendering the High Court proceedings invalid.
The National Democratic Congress (NDC), however, argued that the situation was complicated by the issuance of two gazette notices — on December 24, 2024, and January 6, 2025. According to the party, the second notice superseded the first and should therefore be used to determine the filing deadline, making the petition and the High Court’s decision valid.
The Supreme Court said its full judgment will be delivered on February 6, 2026.
The five-member panel comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu and Henry Kwoffie.
