Speaker Alban Bagbin says High Court ruling cannot immediately vacate Kpandai seat due to seven-day statutory stay
Speaker Bagbin says Kpandai seat cannot be declared vacant immediately
Seven-day statutory stay prevents enforcement of High Court annulment
Parliament will await potential appeal before taking action on MP Nyindam’s seat
Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat cannot be declared vacant despite a High Court order annulling the 2024 election results and instructing the Electoral Commission (EC) to conduct a rerun within 30 days.
Addressing Parliament on Thursday, November 27, Bagbin explained that while the ruling invalidates the earlier declaration of Matthew Nyindam as MP, it cannot take immediate effect due to a mandatory seven-day statutory stay of execution for all appealable High Court decisions.
“The effect of the order is that the EC is to conduct a rerun within 30 days, implying that Hon. Matthew Nyindam’s earlier declaration as winner is invalid. However, the Court of Appeal Rules provide a seven-day stay after notice of judgment,” Bagbin said, citing CI 19 (1997) as amended by CI 132, rule 27(3).
He referenced precedent, including the Supreme Court case Mensah v GCB (2005–2006) and the Court of Appeal decision in Clenam Construction Ltd v Valcum Crest (2022), emphasizing that any execution before the seven-day window expires is premature and void.
Bagbin stated that the statutory stay remains in force until December 1, 2025, and therefore the High Court ruling cannot serve as a basis to instruct the EC that the Kpandai seat is vacant. Should Nyindam appeal, further legal procedures under CI 27(1) will apply.
The clarification follows calls from the Majority caucus demanding that the Speaker immediately declare the seat vacant, citing precedent such as the removal of Assin North MP James Gyakye Quayson. Minority leaders, however, have vowed to resist any attempt to bar Nyindam until all legal processes are exhausted.
With the legal framework clarified, Parliament is expected to await the expiration of the statutory stay and any potential appeal before taking further action on the Kpandai seat.
