Too early to declare Kpandai seat vacant – Bagbin
Speaker of Parliament Alban Bagbin has announced that the Kpandai parliamentary seat cannot be considered vacant, despite a High Court ruling that annuls the 2024 election results and instructs the Electoral Commission (EC) to organise a rerun within 30 days.
While addressing the House on Thursday, November 27, Bagbin stated that the High Court’s ruling, although it nullifies the previous declaration of Matthew Nyindam as MP, cannot take immediate effect due to the legal requirement for a mandatory seven-day stay of execution on 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,” 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). It provides that there shall be a stay of execution of the judgement or decision appealed against for a period of seven days immediately following the giving of notice of the judgement or decision.”
The Speaker emphasised that this rule is obligatory and applies to every High Court ruling that is subject to appeal. He referenced the Supreme Court’s ruling in *Mensah v GCB* (2005–2006), which determined that any execution prior to the completion of the seven days is considered premature and invalid.
He stated that the Court of Appeal reiterated this in *Clenam Construction Ltd v Valcum Crest* (April 7, 2022), emphasising that the statutory stay is intended to provide the losing party with time to contemplate whether to appeal or seek additional relief.
Bagbin mentioned that the seven-day statutory stay is effective until December 1, 2025, and thus 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 decides to appeal, additional procedures under CI 27(1) would be applicable.
His clarification follows the Majority caucus’s demand for the Speaker to promptly declare the seat vacant, asserting that Nyindam must cease participation in parliamentary activities until the rerun occurs.
Majority Chief Whip Rockson Nelson Dafeamekpor contended that precedent, especially the case of former Assin North MP James Gyakye Quayson, supports the expulsion of the MP from the chamber.
Conversely, the Minority has pledged to oppose any efforts to exclude Nyindam prior to the completion of all legal proceedings. Minority Leader Alexander Afenyo-Markin informed journalists that the caucus will contest attempts to remove the MP, asserting that due process must be adhered to.
With the legal framework now clarified by the Speaker, Parliament is anticipated to wait for the conclusion of the statutory stay and any possible appeal before proceeding with further actions regarding the Kpandai seat.