Supreme Court orders EC to suspend Kpandai parliamentary election Rerun

The Supreme Court has adjourned the hearing of an application challenging the Kpandai parliamentary election rerun to January 13, 2026, effectively placing a temporary halt on preparations for the rerun.

The adjournment followed a prayer by the New Patriotic Party (NPP) parliamentary candidate for Kpandai, Matthew Nyindam, who argued that the first interested party in the matter had not been served with the relevant court processes.

The case, titled Nyindam v Tamale High Court, is seeking an order of certiorari to quash the judgment delivered by the High Court in Tamale, presided over by Justice Emmanuel, on November 24, 2025 together with all proceedings founded on that decision.

Mr Nyindam was represented by former Defence Minister, Dominic Nitiwul, who informed the court that the applicant was unwell.

Gary Nimako Marfo appeared for the applicant, while Justin Amenuvor represented the Electoral Commission (EC).

Moving the application, Mr Nimako Marfo told the court that the applicant had filed a motion on notice praying the Supreme Court to quash the Tamale High Court judgment.

He further urged the court, pursuant to Section 9 of the Evidence Act, to take judicial notice of a press release issued by the EC, indicating its intention to proceed with a rerun of the Kpandai parliamentary election.

He explained that despite several attempts, bailiffs had been unable to serve the first interested party, alleging that they were prevented from effecting service when they visited his residence.

As a result, the applicant sought leave of the court to serve the processes by substituted service.

The Supreme Court, after considering the application, held that there was sufficient justification to order substituted service on the first interested party.

The court directed that service be effected by posting the processes on the digital address NA-0810-7639 at Aatiejeni in Kpandai, the notice board of the High Court in Tamale, the notice board of the District Court in Kpandai, and through the WhatsApp number provided to the court.

The court ordered that the notices should remain posted for seven days, after which the first interested party would be deemed duly served.

In the meantime, and in view of the pending motion for certiorari and the EC’s decision to conduct a rerun on December 30, 2025, the Supreme Court ordered the Electoral Commission to suspend all arrangements for the Kpandai parliamentary election rerun to avoid overreaching the court.

The motion for certiorari was consequently adjourned to January 13, 2026, for hearing. The court further directed the first interested party, upon service, to contact the Registrar of the Supreme Court for the necessary processes.

The panel of judges hearing the matter is made up of Justices Gabriel Pwamang, Omoro Tanko Amadu, Yonny Kulendi, Samuel Asiedu and Henry Anthony Kwofie.

 

 

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