Speaker of Parliament Alban Bagbin has stated that the Kpandai parliamentary seat cannot be treated as vacant yet, despite a High Court ruling that annulled the 2024 election results and ordered the Electoral Commission (EC) to conduct a fresh poll within 30 days.
Speaking in Parliament on Thursday, November 27, Bagbin explained that although the High Court has effectively invalidated the declaration of Matthew Nyindam as Member of Parliament, the ruling cannot take immediate effect due to a legally mandated seven-day stay of execution that applies to all High Court decisions open to appeal.
He noted: “The implication of the court’s order is that the EC must conduct a rerun within 30 days, which suggests that the declaration of Hon. Matthew Nyindam as winner is void and he ceases to be an MP. However, I must draw the attention of the House to provisions under CI 19, as amended by CI 132, rule 27(3), which states that any judgment subject to appeal automatically carries a seven-day stay of execution.”
Bagbin stressed that this rule is compulsory and applies to all High Court judgments that may be appealed. He referenced the Supreme Court’s decision in Mensah v GCB (2005–2006), which made it clear that any attempt to enforce such a ruling before the seven-day period lapses is invalid. He also cited the Court of Appeal’s affirmation in Clenam Construction Ltd v Valcum Crest (April 7, 2022), which underscored that the automatic stay allows the losing party time to decide on an appeal or seek additional remedies.
The Speaker said the statutory stay applies until December 1, 2025. Therefore, the High Court decision alone “cannot justify instructing the Clerk to notify the EC that the Kpandai seat is vacant.” If Nyindam files an appeal, additional procedures under CI 27(1) will then take effect.
His clarification follows calls from the Majority side demanding that the seat be declared vacant and that Nyindam stop taking part in parliamentary business until the rerun is held. Majority Chief Whip Rockson Nelson Dafeamekpor argued that the precedent set in the case involving former Assin North MP James Gyakye Quayson supports this position.
The Minority caucus has countered that no action should be taken until all legal requirements are fully met. Minority Leader Alexander Afenyo-Markin told the press that his side will oppose any move to remove the MP before due process is completed.
With the Speaker’s explanation now on record, Parliament is expected to wait for the statutory stay to expire—and for any possible appeal—before taking further steps on the status of the Kpandai seat.
