The New Patriotic Party (NPP) Legal Directorate, led by private legal practitioner Gary Nimako Marfo, has filed a Judicial Review application at the Supreme Court, seeking to overturn a Tamale High Court judgment regarding the Kpandai parliamentary seat.
According to the party, the High Court committed a fundamental jurisdictional error by hearing a time-barred election petition.
The application has been formally served on Parliament, and the NPP is praying the court to declare that the High Court Judge lacked the authority to proceed with the case.
The core of the NPP’s appeal rests on the mandatory 21-day period for filing election petitions following the official publication of results.
Mr. Marfo argues that the results for the Kpandai constituency were gazetted and published on December 24, 2024. He stated that the NDC filed their challenge on January 25, which was 32 days after the publication, well outside the statutory limit.
They also opined that the High Court Judge should not have entertained the petition since the 21-day period is mandatory.
The petition was time-barred, and the High Court committed a clear jurisdictional error in hearing it, the NPP argued.
The party maintains that Hon. Matthew Nyindam, the politician involved in the dispute, has suffered a “substantial miscarriage of justice” as a result of the High Court’s ruling, and that the Supreme Court must intervene to correct this procedural injustice.
Meanwhile, the NPP has filed a Stay of Execution application, aimed at pausing the effect of the High Court’s judgment, scheduled to be heard at the High Court on December 10. The substantive Judicial Review application at the Supreme Court is set for a hearing on December 16.
By: Rainbowradioonline.com/Ghana
