The Supreme Court has by a unanimous decision suspended the rerun of the Kpandai constituency parliamentary election pending the determination of an application filed by Matthew Nyindam challenging the decision of a High Court in Tamale which ordered the rerun.
This, according to the court is to ensure that the court is not overreached by the rerun pending the application which discloses prima facie.
Meanwhile, the court has granted an application by lawyers for Nyindam to serve the National Democratic Congress (NDC) candidate of the constituency, Daniel Nsala Wakpal through substituted service.
Gary Nimako Marfo, counsel for Mathew Nyindam told the court that all efforts to serve Mr. Wakpal with the motion for certiorari and motion to suspend the orders of the High Court have proved futile.
A 5-member panel of the court presided over by Justice Gabriel Pwamang and assisted by Justices Omoro Tanko, Yonny Kulendi, Samuel Asiedu, Henry Anthony Kwofie granted the application and ordered that the motions be served on Wakpal through a digital address provided to the court.
The motion papers are also to be posted on the notice board of the High Court in Tamale and that of the District Court in Kpandai.
The applicant is also to serve Mr. Wakpal via WhatsApp through a mobile phone number provided by counsel for Mr. Nyindam.
The postings are to remain for seven days after which Wakpal would be deemed served.
By Gibril Abdul Razak
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