The Speaker of Parliament, Alban Bagbin, has stated that it is too early and procedurally inappropriate to declare the Kpandai parliamentary seat vacant following the Tamale High Court order annulling the 2024 election results and directing the Electoral Commission (EC) to conduct a rerun within 30 days.
The Speaker explained that no vacancy can be declared unless all constitutional and parliamentary requirements have been fully met.
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.
“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,” Bagbin said.
He emphasised that the rule is mandatory and applies to all High Court decisions that can be appealed. He referenced the Supreme Court’s ruling in Mensah v. GCB (2005–2006), which held that any execution carried out before the seven-day period elapses is premature and void.
He further noted that the Court of Appeal affirmed this position in Clenam Construction Ltd v. Valcum Crest (April 7, 2022), stressing that the statutory stay exists to give the losing party time to decide whether to appeal or pursue additional remedies.
Bagbin explained that the seven-day statutory stay remains in effect until December 1, 2025, meaning the High Court’s decision “cannot form the basis for the Speaker to direct the Clerk to notify the EC that the Kpandai seat is vacant.”
He added that if Nyindam chooses to appeal, the procedures set out under CI 27(1) would then apply.
His reactions come after the Majority Caucus in Parliament urged Alban Bagbin to declare the Kpandai parliamentary seat vacant.
They insist that Kpandai MP Matthew Nyindam should step aside from all parliamentary duties until a rerun of the election is completed.
Addressing the chamber, Majority Chief Whip Rockson Nelson Dafeamekpor referred to previous cases to justify the call for Nyindam’s removal from the floor.
“Mr Speaker, I’m not raising these matters whimsically because precedent will guide us. Mr Speaker, when the Honourable Gyakye Quayson was ordered by the court that he should go through a re-run, Members of this side at the time, mainly led by the now Minority Leader, spoke vociferously against the fact that the Honourable Gyakye Quayson cannot be entertained in this house.
“Eventually, he had to leave. This is a path that we have travelled. Precedent has been set and laid. Nobody can tell us in this house today that the Honourable Nyindam must have a voice today. It won’t happen,” he said.
However, the Minority Caucus has stated its firm opposition to any attempt to bar Nyindam from performing his duties.
Speaking to journalists on Wednesday, November 26, 2025, Minority Leader Alexander Afenyo-Markin said the caucus would challenge any attempt to remove Nyindam from Parliament before all legal avenues are fully exhausted.
