The Supreme Court has, by a 4–1 majority decision, quashed a High Court judgment that annulled the election of the New Patriotic Party’s parliamentary candidate for Kpandai, Matthew Nyindam, effectively restoring him as Member of Parliament.
Mr Nyindam had invoked the Supreme Court’s supervisory jurisdiction, arguing that the High Court acted without jurisdiction when it entertained the election petition against him. The apex court upheld his application.
At the heart of the dispute was the date the Electoral Commission gazetted the 2024 parliamentary election results for the Kpandai constituency. Under Ghana’s electoral laws, an election petition must be filed within 21 days of the gazette notification, failing which the court lacks jurisdiction.
Mr Nyindam contended that the results were gazetted on 24 December 2024, making the petition that led to the annulment of his election time-barred and incompetent.
The National Democratic Congress (NDC), however, argued that the 2024 elections were unique, as the Electoral Commission issued two gazette notices on 24 December 2024 and 6 January 2025. According to the NDC, the latter gazette superseded the former and should be the operative date for calculating time, rendering the petition valid.
In its ruling, the Supreme Court sided with Mr Nyindam’s position, setting aside the High Court’s decision.
Justice Gabriel Scott Pwamang, who presided over the panel, dissented. The court indicated that its full reasoned judgment will be delivered on 6 February 2026.
The panel comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu, and Henry Kwoffie.
