Kpandai re-run suspension in the interest of justice – Former Information Minister

The New Patriotic Party (NPP) has welcomed the decision by the Supreme Court to suspend the anticipated parliamentary rerun in the Kpandai Constituency, originally scheduled for December 30.

The decision follows a successful application by the former New Patriotic Party (NPP) Member of Parliament, Matthew Nyindam, who is contesting the earlier annulment of the 2024 election.

The court has adjourned the substantive case to January 13, 2026, confirming that the electoral process will be placed on hold until the legal issues surrounding the seat are fully resolved.

Speaking to the media after the court proceedings on Tuesday, December 16, private legal practitioner and former Information Minister Fati Abubakar, who is working with the applicant’s legal team, welcomed the suspension as a necessary step to uphold the integrity of the judicial process.

Ms. Abubakar emphasised that the motion for the suspension was specifically requested by the applicant to prevent any premature electoral activities while the core legal challenge remains outstanding.

“The applicant actually prayed for suspension of the process first one to the hearing of the substantive matter, and that is contained in the supplementary affidavit that was served on the honourable court. So we are most grateful to the court.”

She stressed that allowing the rerun to proceed before a final ruling on the legitimacy of the annulment would potentially prejudice the court’s decision.

“It’s in the interest of justice that where a legal issue is persistent, and we have not reached the finality of it, we do not proceed to take any such decisions that will force the hand of the court or render the decision of the court negatory.”

In a key procedural development, the court granted the applicant’s request for substituted service to formally notify the National Democratic Congress (NDC) parliamentary candidate, who is named as the first interested party in the case.

The service will be carried out through multiple channels to ensure effective notification:

• Via WhatsApp of the NDC parliamentary candidate.
• On the notice board at the Supreme Court building.
• Posted at the NDC candidate’s residence in Kpandai.

Ms. Abubakar expressed the legal team’s gratitude for the court’s cooperation, confirming they are prepared to argue their case when proceedings resume early next year.

The suspension of the Kpandai rerun ensures that the seat will remain vacant until the new year, when the courts will deliver a final verdict on whether the original election should be upheld or whether a new contest must indeed take place.

Background

Nyindam, the disputed MP, had asked the Supreme Court to review and quash the High Court’s judgement for a re-run, arguing that the High Court wrongly assumed jurisdiction in the election petition.

The petition at the High Court was filed by the NDC’s parliamentary candidate, Daniel Nsala Wakpal, who challenged the outcome of the 2024 polls.

According to Nyindam, the election petition was invalid from the onset and all proceedings arising from it ought to be set aside.

He contends that the High Court acted outside its legal mandate and committed fundamental errors that justify the intervention of the Supreme Court through judicial review.

Following the High Court’s ruling annulling the election, the NPP applied for a stay of execution, seeking to halt any steps by the Electoral Commission and the NDC to enforce the decision, including the conduct of a rerun, pending the determination of the case by the Supreme Court.

The Supreme Court’s decision to suspend the rerun preserves the status quo while it considers the substantive issues raised in the application.