Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant immediately, despite a High Court ruling annulling the 2024 election results and instructing the Electoral Commission (EC) to organise a rerun within 30 days.
Speaking in Parliament on Thursday, November 27, Bagbin noted that while the court’s decision nullifies the declaration of Matthew Nyindam as MP, its enforcement is temporarily suspended by law.
Quoting the court’s effect, he said:
“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.”
However, Bagbin highlighted statutory provisions that prevent an immediate declaration of vacancy. Citing the Court of Appeal Rules, 1997 (CI 19) as amended by CI 132, he explained that Rule 27(3) imposes a mandatory seven-day stay of execution on all appealable High Court decisions.
He referenced legal precedents, noting that the Supreme Court in Mensah v GCB (2005–2006) held that any execution before the expiration of the seven-day window is “premature and void.” The Court of Appeal also reinforced this principle in Clenam Construction Ltd v Valcum Crest (April 7, 2022), emphasizing that the automatic stay allows the losing party time to consider an appeal.
Bagbin added that this statutory stay remains active until December 1, 2025, and the High Court ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.” He further noted that if Nyindam chooses to appeal, additional procedures under CI 27(1) would apply.
His clarification follows calls from the Majority caucus for the Speaker to immediately declare the seat vacant, citing precedents such as former Assin North MP James Gyakye Quayson. Minority Leader Alexander Afenyo-Markin, however, insisted that Nyindam must not be barred prematurely and said the Minority will oppose any move that sidesteps due legal process.
With the Speaker’s explanation now on record, Parliament is expected to observe the mandatory seven-day period—and any potential appeal—before taking further action regarding the Kpandai seat.
