 to suspend all arrangements for a proposed parliamentary rerun election in the Kpandai constituency, pending the final determination of a judicial review application challenging the annulment of the 2024 election results.){kind=link}
The Supreme Court has ordered the Electoral Commission (EC) to suspend all arrangements for a proposed parliamentary rerun election in the Kpandai constituency, pending the final determination of a judicial review application challenging the annulment of the 2024 election results.
The order was issued after the apex court found that the applicant, New Patriotic Party (NPP) parliamentary candidate for Kpandai, Matthew Nyindam, had established a prima facie case in his bid to quash a judgment delivered by the Tamale High Court on November 24, 2025.
The Tamale High Court had earlier annulled Mr. Nyindam’s election following a petition filed by the National Democratic Congress (NDC) parliamentary candidate, Daniel Nsala Wakpal. In response to that ruling, the EC announced its intention to conduct a rerun election in the constituency. However, the Supreme Court’s intervention has effectively put those plans on hold.
At the hearing, counsel for the applicant, Gary Nimako Marfo, informed the court that the first interested party, Mr. Wakpal, had not been served with the judicial review application. He consequently prayed the court to grant leave for substituted service.
After extensive exchanges with counsel, a five-member panel of the Supreme Court, presided over by Justice Pwamang and comprising Justices Emmanuel Yonny Kulendi, Tanko Amadu, Samuel Asiedu and Henry Anthony Kwofie, granted the application.
The court ordered that substituted service on the NDC candidate be effected by posting the processes at his residence in Kpandai, placing copies on the notice boards of the High Court in Tamale and the District Court in Kpandai, and transmitting the documents via WhatsApp to a phone number confirmed to belong to him. The court further directed that the processes remain posted for seven days, after which service would be deemed effective.
Crucially, the court also directed the Electoral Commission, represented by its counsel Justin Amenuvor, to suspend all preparations toward the conduct of the rerun election until the judicial review application is finally heard and determined.
The case has been adjourned to January 13, 2026.
The legal dispute arose from an election petition filed by the NDC candidate at the Tamale High Court, which culminated in the annulment of Mr. Nyindam’s election as Member of Parliament for Kpandai.
Dissatisfied with the ruling, the NPP candidate has approached the Supreme Court, arguing that the High Court lacked jurisdiction to entertain the petition because it was filed outside the constitutionally mandated 21-day period for challenging parliamentary election results.
According to the applicant, the parliamentary election results were gazetted on December 24, 2024, but the petition was filed on January 25, 2025, making it statute barred.
The Supreme Court’s order to suspend the rerun preserves the status quo as it considers the legality of the High Court’s proceedings and the validity of its decision.