Speaker Alban Bagbin explains why Kpandai seat cannot be declared vacant immediately
27th November 2025
Speaker of Parliament Alban Bagbin has clarified that the Kpandai parliamentary seat will not be immediately declared vacant, despite a High Court ruling nullifying the 2024 election results and ordering the Electoral Commission (EC) to conduct a rerun within 30 days.
Speaking on the floor of Parliament on Thursday, November 27, Bagbin emphasized that while the court’s decision invalidates Matthew Nyindam’s declaration as MP, enforcement of the ruling is temporarily stayed by law.
He stated:
“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.”
However, Bagbin noted that statutory provisions prevent an immediate declaration of vacancy. Citing the Court of Appeal Rules, 1997 (CI 19) as amended by CI 132, he explained that Rule 27(3) mandates a seven-day stay of execution for all appealable High Court decisions.
He referenced legal precedents, including the Supreme Court ruling in Mensah v GCB (2005–2006), which held that executing a court decision before the seven-day period expires is “premature and void.” The Court of Appeal reinforced this principle in Clenam Construction Ltd v Valcum Crest (April 7, 2022), emphasizing that the automatic stay allows the losing party time to consider an appeal.
Bagbin added that the statutory stay remains active until December 1, 2025, meaning the High Court ruling cannot yet form the basis for instructing the Clerk to notify the EC of a vacancy. He further noted that if Nyindam decides to appeal, additional procedures under CI 27(1) would apply.
The Speaker’s clarification comes amid calls from the Majority caucus to immediately declare the seat vacant, citing precedents such as former Assin North MP James Gyakye Quayson. Minority Leader Alexander Afenyo-Markin, however, insisted that Nyindam should not be prematurely barred and vowed to oppose any move that bypasses due legal process.
With Bagbin’s explanation on record, Parliament will observe the mandatory seven-day stay—and any subsequent appeal—before taking further action regarding the Kpandai seat.