The Speaker of Parliament, Alban Bagbin, has ruled that the Kpandai parliamentary seat cannot be declared vacant despite a High Court order annulling the 2024 election results.
He stated that although the court ordered a rerun of the parliamentary election and directed the Electoral Commission (EC) to conduct a rerun within 30 days, the MP will continue to work until the appeal filed by the MP is determined.
In delivering his ruling on Thursday, November 27, 2025, he 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,” Bagbin said.
“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.”
He told the House that the rule is mandatory and applies to every High Court decision capable of appeal.
Speaker Bagbin referenced the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that any execution before the expiration of the seven-day window is premature and void.
According to him, the Court of Appeal reaffirmed this in Clenam Construction Ltd v Valcum Crest (April 7, 2022), noting that the statutory stay exists to allow the losing party time to consider whether to appeal or seek
further relief.
According to him, the seven-day statutory stay remains in force until December 1, 2025, and therefore the High Court ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.”
He stressed that if the MP appeals the order of the High Court, processes under CI 27(1) would apply.
