In a case that has captured national attention, the Supreme Court of Ghana has set January 28, 2026, as the date to deliver its ruling on whether to overturn the High Court's decision that nullified the parliamentary election results in Kpandai, Northern Region. The outcome of this case could have far-reaching implications for Ghana's electoral processes and the interpretation of legal timelines in election disputes.
The case originated from a petition filed by Daniel Nsala Wakpal, the parliamentary candidate for the National Democratic Congress (NDC), who contested the election victory of Matthew Nyindam, the New Patriotic Party (NPP) Member of Parliament for Kpandai. The Tamale High Court ruled in favor of Mr. Wakpal, declaring Mr. Nyindam's election invalid and ordering a rerun of the polls.
Following the High Court’s decision, the Electoral Commission (EC) scheduled a fresh election for December 31, 2025. However, this plan was halted when Mr. Nyindam appealed to the Supreme Court, challenging the validity of the High Court's ruling.
The Legal Arguments
At the heart of the dispute lies a contentious interpretation of election petition timelines. Mr. Nyindam’s legal team has argued that the High Court lacked jurisdiction to hear the petition because it was filed outside the mandatory 21-day period stipulated by law. They assert that the original election results were gazetted on December 24, 2024, which marked the beginning of the 21-day window. By their calculation, the petition filed on January 25, 2025, exceeded this legal timeframe and should therefore be considered time-barred. Consequently, they contend that all subsequent actions by the High Court, including its nullification of the election results and its order for a rerun, are invalid.
Conversely, Mr. Wakpal's lawyers maintain that the High Court acted within its constitutional authority under Article 99 of Ghana’s 1992 Constitution. They argue that a second gazette notice was issued on January 6, 2025, which reset the 21-day timeline. Based on this interpretation, Mr. Wakpal’s petition filed on January 25 was well within the legal timeframe. Furthermore, they highlight that Mr. Nyindam himself relied on the January 6 gazette during proceedings at the High Court and should not now be allowed to challenge its validity.
The EC has confirmed that two separate gazette notices were indeed issued—one on December 24, 2024, and another on January 6, 2025—adding another layer of complexity to the case.
Implications for Ghana’s Electoral System
The Supreme Court's decision is expected to clarify a key legal question: when does the 21-day window for filing an election petition begin? This ruling will not only determine whether a fresh election will be held in Kpandai but also set a precedent for how election petition timelines are interpreted moving forward.
For the people of Kpandai, this case represents more than just a legal battle; it is about ensuring their voices are heard through a fair and transparent electoral process. For Ghana as a whole, it underscores the importance of clear legal frameworks and consistent judicial interpretations in upholding democratic principles.
As we await the Supreme Court’s verdict on January 28, 2026, all eyes will be on this landmark case and its potential to shape Ghana’s electoral jurisprudence. Until then, the suspension of the Kpandai rerun remains in effect, leaving the constituency in a state of uncertainty. The stakes are high, and the decision will undoubtedly resonate beyond Kpandai, influencing future election disputes across the nation.
