Dismisses Key NDC Election Challenge on Technicality
By Prince Ahenkorah
A Supreme Court ruling has definitively secured the parliamentary seat of the New Patriotic Party’s (NPP) Matthew Nyindam for the Kpandai constituency, extinguishing the National Democratic Congress’s (NDC) best chance to gain a critical seat in the NDC dominated legislature.
The 4-1 majority decision, delivered on 28 January, did not address the substantive allegations of electoral malpractice but turned on a procedural technicality regarding filing deadlines.
The apex court overturned a 2025 ruling by the Tamale High Court (Commercial Division), which had nullified Nyindam’s 2024 election and ordered a rerun.
The Supreme Court’s majority, consisting of Justices Amadu Tanko, Emmanuel Yonni Kulendi, Samuel Asiedu, and Henry Anthony Kwofie, held that the lower court lacked jurisdiction because the NDC candidate, Daniel Nsala Wakpal, filed his petition outside the mandatory 21-day statutory period.
The legal battle hinged on conflicting publication dates of the official Gazette containing the certified Kpandai results.
Nyindam’s legal team, led by Frank Davies, argued the Gazette was published on 24 December 2024, making the 25 January 2025 petition invalid. The NDC’s lawyers contended the relevant notice was published on 6 January 2025, placing the petition within the window.
The Electoral Commission (EC) acknowledged issuing multiple Gazettes in batches for different constituencies, creating the ambiguity exploited in court.
The ruling is a significant tactical victory for the governing NPP, which holds a razor-thin majority in Parliament. Losing Kpandai would have further eroded its working numbers, complicating the passage of key government business and the annual budget.
The NDC had invested considerable political capital in the challenge, viewing the constituency as a prime pickup opportunity in the Northern Region.
Justice Gabriel Scott Pwamang, who presided over the panel, entered a solitary dissent. The full reasoning for both the majority and minority opinions will be published on 6 February 2026, but the operative effect is immediate: Nyindam retains his seat.
The decision reinforces a growing pattern in Ghana’s election dispute adjudication, where technical and procedural grounds often preclude a hearing on the core merits of alleged electoral violations.
This elevates the technical precision of legal filings over the substantive examination of claims of wrongdoing, a trend that frustrates losing candidates but provides certainty and finality favored by the judiciary and incumbent beneficiaries.
For the EC, the case highlights the ongoing risks of administrative inconsistencies, such as the staggered publication of results, which become fertile ground for legal challenge. It is likely to prompt internal reviews to standardize and synchronize post-election gazetting procedures.
The Supreme Court has closed a contentious chapter in Kpandai, solidifying the NPP’s fragile hold on Parliament. While the NDC cries foul over a missed opportunity on a technicality, the ruling underscores the critical importance of procedural rigor in election litigation.
The focus now shifts to the forthcoming by-election in Ejisu, which presents the next flashpoint for testing the balance of power in the legislature. The Kpandai case sets a precedent that will guide and potentially constrain future election petitions.