Minority calls Kpandai ruling “legally inconsistent and potentially destabilising”
The Minority Caucus in Parliament, led by Minority Leader Alexander Kwamina Afenyo-Markin, has strongly criticised the November 24 High Court decision ordering a complete rerun of the parliamentary election in the Kpandai Constituency.
The caucus has described the ruling as “deeply troubling, legally inconsistent, and potentially destabilising.”
Addressing journalists on Wednesday, Mr. Afenyo-Markin questioned the legal basis of the judgment, noting that the court issued its order without a detailed written ruling or published reasoning.
He said this omission raises significant constitutional and procedural issues—particularly because the petition before the court challenged results in only 41 polling stations, yet the court annulled results in all 152 stations.
He stressed that Ghana’s electoral laws require courts to issue remedies strictly grounded in evidence, not sweeping directives that void lawful votes without justification.
“Election justice must be grounded in evidence. If only 41 polling stations were challenged, then the remedy must relate directly to those stations,” he argued.
“Declaring all 152 stations void—without reasons, without analysis, and without a final judgment—raises concerns about fairness and proportionality.”
Mr. Afenyo-Markin added that such a precedent could lead to abuse in future election petitions, where parties unable to prove irregularities in specific polling stations may still benefit from broad annulments.
The Minority Caucus also dismissed claims that the ruling automatically strips incumbent MP Matthew Nyindam of his mandate.
They clarified that Mr. Nyindam remains the legitimate Member of Parliament until all legal processes are concluded.
“There is no suspension of his mandate. A Stay of Execution has been filed, and an appeal is underway.
Until the appellate processes conclude, Mr. Nyindam continues to represent the people of Kpandai,” the Minority Leader emphasised.
He reiterated the caucus’s respect for the Judiciary but said they have a duty to highlight rulings that may undermine public confidence or appear inconsistent with constitutional provisions.
Citing Article 42, Mr. Afenyo-Markin argued that voiding votes in more than one hundred polling stations that were never contested risks disenfranchising innocent voters.
The Minority urged the Court of Appeal to expedite the hearing to restore certainty and protect the integrity of Ghana’s electoral system.
“This is not about politics. It is about the integrity of Ghana’s democratic system.
The people of Kpandai deserve certainty, fairness, and respect for their constitutional rights,” Mr. Afenyo-Markin said.
The caucus reaffirmed its commitment to supporting the appeal and ensuring the decision receives a thorough judicial review.
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