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Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant despite a High Court ruling that annulled the 2024 election results and directed the Electoral Commission (EC) to conduct a rerun within 30 days.
Addressing the House on Thursday, November 27, Bagbin explained that although the High Court’s decision invalidates the declaration of Matthew Nyindam as Member of Parliament, it cannot take immediate effect because the law provides for a mandatory seven-day stay of execution for all appealable High Court rulings.
“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 stated. “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 judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision.”
The Speaker emphasized that the rule is mandatory and applies to every High Court decision capable of appeal. He referenced the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that any execution before the expiration of the statutory seven-day window is premature and void. He added that the Court of Appeal reaffirmed this position in Clenam Construction Ltd v Valcum Crest (April 7, 2022), stressing that the temporary stay allows the losing party time to decide whether to appeal or seek additional legal remedies.
Bagbin noted that in the present case, the seven-day stay remains in force until December 1, 2025, and therefore 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.” Should Nyindam choose to appeal, he added, further processes under CI 27(1) would be triggered.
His clarification follows demands from the Majority caucus for an immediate declaration of vacancy, arguing that Nyindam must cease participating in parliamentary proceedings until the rerun is conducted. Majority Chief Whip Rockson Nelson Dafeamekpor referenced precedents—including the case of former Assin North MP James Gyakye Quayson—to support their position.
The Minority caucus, however, has vowed to resist any attempt to remove Nyindam before all legal avenues are exhausted. Minority Leader Alexander Afenyo-Markin told journalists that due process must prevail and that the MP cannot be barred prematurely.
With the legal framework now clarified by the Speaker, Parliament is expected to wait for the expiration of the statutory stay—and any potential appeal—before taking further action on the status of the Kpandai seat.
