Speaker of Parliament Alban Bagbin has ruled that the Kpandai parliamentary seat cannot be treated as vacant for now, despite a High Court decision annulling the 2024 election results and directing the Electoral Commission (EC) to hold a fresh poll within 30 days.
Speaking in Parliament on Thursday, November 27, the Speaker explained that although the ruling nullifies the declaration of Matthew Nyindam as MP, the law requires a mandatory seven-day statutory stay of execution before any High Court decision capable of appeal can take effect.
“The order directs the EC to conduct a rerun, which means the initial declaration is invalid. However, the law clearly provides a seven-day stay of execution after such judgments,” Bagbin noted.
Bagbin referred to the Court of Appeal Rules, 1997 (CI 19), as amended by CI 132, which state under Rule 27(3) that every appealable High Court ruling automatically attracts a seven-day stay of execution.
Quoting precedent, he referenced the Supreme Court’s position in Mensah v GCB (2005–2006), which held that any attempt to execute a judgment before the seven-day window expires is premature and legally void.
He further pointed to Clenam Construction Ltd v Valcum Crest (2022), where the Court of Appeal emphasized that the automatic stay gives parties time to decide whether to appeal or seek redress.
According to Bagbin, the seven-day statutory stay in this instance holds until December 1, 2025, and therefore the Kpandai ruling “cannot be used as the basis for directing the Clerk to notify the EC that the seat is vacant.” He added that should Nyindam file an appeal, additional legal steps under CI 27(1) would automatically follow.
The Speaker stressed that Nyindam remains entitled to participate in parliamentary proceedings within the mandatory stay period.
“It is premature to disqualify Hon. Matthew Nyindam from entering or taking part in proceedings of the House. This is not a declaratory order; it is an executable one. The honourable member was right to be in the chamber yesterday,” Bagbin stated.
His ruling follows demands from the Majority caucus that the Speaker immediately declare the seat vacant, arguing that Nyindam should be barred from the chamber until the rerun is completed. Majority Chief Whip Rockson Nelson Dafeamekpor insisted that previous situations—such as the Assin North case involving James Gyakye Quayson justify the MP’s removal.
The Minority sharply disagreed. Minority Leader Alexander Afenyo-Markin told journalists that the caucus will oppose any move to eject Nyindam before all legal avenues have been fully exhausted, urging adherence to due process.
With the Speaker’s clarification now on record, Parliament is expected to wait for the statutory stay to lapse—and for any potential appeal to be filed before determining the next course of action regarding the Kpandai seat.
Source: www.kumasimail.com
