In a 4–1 majority decision, the Supreme Court has set aside the High Court ruling that annulled the election of the New Patriotic Party’s parliamentary candidate for Kpandai, Matthew Nyindam, thereby restoring his status as Member of Parliament.
Justice Gabriel Scott Pwamang, who presided over the panel, delivered a dissenting opinion.
The decision followed an application by Mr Nyindam invoking the Supreme Court’s supervisory jurisdiction.
He argued that the High Court committed a jurisdictional error by entertaining an election petition that was filed outside the time allowed by law.
The Supreme Court agreed with his position and consequently overturned the High Court’s judgment.
At the heart of the case was a dispute over the date on which the Electoral Commission gazetted the results of the 2024 parliamentary election for the Kpandai constituency.
Ghana’s electoral laws require that an election petition be filed within 21 days from the date the results are gazetted.
If a petition is filed after this period, the court has no jurisdiction to hear it.
Mr Nyindam contended that the Electoral Commission gazetted the election results on December 24, 2024.
On that basis, he maintained that the 21-day window had expired by the time the petition was filed, rendering it incompetent and depriving the High Court of jurisdiction to annul his election.
The National Democratic Congress (NDC), on the other hand, argued that the 2024 elections presented a unique situation.
They pointed out that the Electoral Commission issued two gazette notices, one on December 24, 2024, and another on January 6, 2025.
According to the NDC, the second gazette superseded the first and should therefore be used as the operative date for calculating time.
On this basis, they maintained that the petition was filed within the statutory period and that the High Court acted lawfully.
The Supreme Court ultimately accepted Mr Nyindam’s arguments and allowed his application.
The court indicated that its full, reasoned judgment will be delivered on February 6, 2026.
The panel that heard the case comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu, and Henry Kwoffie.
