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The Supreme Court has directed the Electoral Commission (EC) to immediately suspend all preparations for the proposed parliamentary rerun in the Kpandai constituency, pending the final determination of a judicial review application before the court.
The order was issued on Tuesday, December 16, 2025, after the court held that the applicant, New Patriotic Party (NPP) parliamentary candidate Matthew Nyindam, had established a prima facie case in his challenge against a judgment delivered by the Tamale High Court on November 24, 2025.
The High Court had earlier annulled the results of the 2024 parliamentary election in Kpandai following a petition filed by the National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal. In response to that ruling, the EC announced plans to conduct a rerun election in the constituency.
At the Supreme Court hearing, counsel for the applicant, Gary Nimako Marfo, informed the court that the first interested party, Daniel Nsala Wakpal, had not been served with the judicial review application. He therefore applied for substituted service.
After deliberations, a five-member panel of the Supreme Court, presided over by Justice Pwamang and supported by Justices Kulendi, Tanko, Samuel Asiedu and Henry Kwofie, granted the request. The court ordered that the processes be served by posting them at the residence of the NDC candidate in Kpandai, displaying them on the notice boards of the High Court in Tamale and the District Court in Kpandai, and sending them via WhatsApp to a phone number confirmed to belong to him.
The court further directed that the documents remain posted for seven days, after which service would be deemed effective.
In addition to granting substituted service, the Supreme Court ordered the Electoral Commission, represented by Justin Amenuvor, to halt all arrangements toward the conduct of the Kpandai parliamentary rerun until the case is fully heard and determined.
The case has been adjourned to January 13, 2026.
The legal dispute arose after the NDC candidate filed an election petition at the Tamale High Court, which led to the annulment of Matthew Nyindam’s election. The NPP candidate subsequently approached the Supreme Court, arguing that the High Court lacked jurisdiction because the petition was filed outside the constitutionally mandated 21-day period for challenging parliamentary election results.
According to the applicant, the election results were gazetted on December 24, 2024, but the petition was filed on January 25, 2025, making it statute-barred. The Supreme Court’s decision effectively maintains the status quo while it examines the legality of the High Court’s proceedings.
