Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant despite a High Court order annulling the 2024 election results and directing the Electoral Commission (EC) to conduct a rerun within 30 days.
Addressing the House on Thursday, November 27, Bagbin said the High Court’s decision—though it invalidates the earlier declaration of Matthew Nyindam as MP—cannot take immediate effect because the law provides for a mandatory seven-day stay of execution in 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 said.
“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 stressed that the rule is mandatory and applies to every High Court decision capable of appeal. He cited the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that any execution before the expiration of the seven-day window is premature and void.
He added that the Court of Appeal reaffirmed this in Clenam Construction Ltd v Valcum Crest (April 7, 2022), noting that the statutory stay exists to allow the losing party time to consider whether to appeal or seek further relief.
Bagbin said the seven-day statutory 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.” He added that should Nyindam choose to appeal, further processes under CI 27(1) would apply.
Bagbin underscored “It is therefore too premature to say that the hon Matthew Nyindam is qualified from entering and participating in the activities of the house because this period stays within the seven days mandatory stay of execution of the order.
“Honourable members this is not a declarative order, it is a executive order that was delivered by the high court so the honourable member is right to have been in the house yesterday.”
His clarification comes after the Majority caucus demanded that the Speaker immediately declare the seat vacant, insisting that Nyindam must stop participating in parliamentary proceedings until the rerun is held.
Majority Chief Whip Rockson Nelson Dafeamekpor argued that precedent—particularly the case of former Assin North MP James Gyakye Quayson—supports the removal of the MP from the chamber.
The Minority, however, has vowed to resist any attempt to bar Nyindam before all legal processes are completed. Minority Leader Alexander Afenyo-Markin told journalists that the caucus will challenge moves to remove the MP, insisting that due process must be followed.
With the legal framework now clarified by the Speaker, Parliament is expected to await the expiration of the statutory stay—and any potential appeal—before taking further action on the Kpandai seat.
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