Supreme Court Quashes Kpandai Rerun Order

The panel was split, with the President of the panel, Justice Gabriel Pwamang, dissenting, while Justices Amadu Tanko, Yonny Kulendi, Samuel Asiedu and Henry Anthony Kwofie formed the majority.

The apex court was hearing an application for certiorari filed on behalf of Kpandai Member of Parliament, Matthew Nyindam, challenging the jurisdiction of the Tamale High Court to hear an election petition brought by the National Democratic Congress (NDC) parliamentary candidate, Daniel Nsala Wakpal.

Arguing for Nyindam, Gary Nimako Marfo contended that the High Court acted without jurisdiction because the election petition was filed outside the mandatory 21-day period prescribed by law.

He submitted that the Kpandai parliamentary election results were gazetted on 24 December 2024, making the petition filed on 25 January 2025 statute-barred.

Counsel maintained that once the petition was filed out of time, the High Court lacked the authority to entertain it, rendering all orders made—including the annulment of Nyindam’s election and the directive for a rerun—null and void.

He therefore urged the Supreme Court to intervene and quash the decision.

Opposing the application, counsel for Daniel Nsala Wakpal, Sika Abla Addo, argued that the relevant Gazette notice was published on 6 January 2025 and covered all constituencies, including Kpandai. On that basis, she maintained that the election petition was filed well within the statutory 21-day period.

She further argued that Nyindam had relied on the January 2025 Gazette in earlier proceedings and could not now resile from that position, as doing so would raise issues of estoppel and fairness.

The Electoral Commission (EC) was represented by Justin Amenuvor.

Delivering the decision of the court, the Supreme Court held that, by a majority of 4–1 with Justice Pwamang dissenting, the application for certiorari had merit and was accordingly granted.

“The decision of the High Court, Tamale, dated 24 November 2025 brought before this court for the purposes of being quashed, and the same is hereby quashed,” the court ruled. “All consequential actions and orders emanating from the said decision are equally quashed.”

The court directed that the full reasons for both the majority and minority decisions would be filed at the registry of the court on 6 February 2026.