Parliament has formally notified the Electoral Commission (EC) that the Kpandai seat in the legislature is vacant — triggering the legal process for a by-election.
In a letter dated 4 December 2025, the Clerk to Parliament, Ebenezer Ahumah Djietror, wrote to EC Chairperson Jean Mensa to inform her that the seat had become vacant. The notification follows a ruling by the Tamale High Court, which annulled the result of the December 2024 parliamentary election for the constituency and ordered a fresh poll.
The Clerk invoked Article 112(5) of the 1992 Constitution, which requires the Clerk to inform the EC when a seat becomes vacant, enabling the EC to begin arrangements for a new election.
The seat in question was held by Matthew Nyindam of the New Patriotic Party (NPP), who had been declared the winner of the December 2024 parliamentary election in Kpandai.
A petition filed by his opponent claimed there were significant irregularities — including alleged inconsistencies in result sheets from many polling stations. After hearing arguments, the High Court on 24 November 2025 annulled the election result and ordered a re-run of the election in all 152 polling stations across the constituency.
This ruling meant that Nyindam’s win was voided, and legally the seat reverted to “vacant” status, subject to parliamentary and electoral procedures.
The notification to the EC did not come without controversy. When the High Court ruling first came, the Speaker of Parliament, Alban Bagbin, argued that the seat could not be declared vacant immediately. He said that under court procedure, a mandatory seven-day “stay of execution” applies to appealable High Court decisions, meaning the ruling could not be enforced until that period expired.
Because of that legal stay, the Speaker said it was premature for the parliamentary Clerk to notify the EC about a vacancy.
But on 4 December, the Clerk went ahead and sent the notification nevertheless. Supporters of that move (including some legal commentators) said that a certiorari application filed by Nyindam at the Supreme Court of Ghana does not equate to a stay of execution unless a stay motion is served. In other words, they argued Parliament was entitled to act.
MP for Manhyia South, Nana Adjei Baffour Awuah, described the notification as “premature”, saying that the ruling of the Supreme Court might yet overturn the High Court’s decision.
With the formal notification, the EC is now expected to begin preparations for a rerun election in Kpandai. The Constitution normally requires a by-election be held within 90 days of a seat becoming vacant — unless it occurs within three months before the dissolution of Parliament.
Observers say the decision by Parliament, despite internal disagreement, could set a precedent for how future judicial annulments of election results are handled, particularly in cases where appeals or further court motions are ongoing.
Meanwhile, constituents in Kpandai will likely return to the polls to decide who will represent them in Parliament, with the rerun election determining a fresh MP for the seat.
