The Supreme Court has directed the Electoral Commission (EC) to halt all preparations for a proposed parliamentary rerun in the Kpandai constituency, pending the final determination of a judicial review application challenging a High Court ruling that annulled the 2024 election results.
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 bid to overturn a judgment delivered by the Tamale High Court on November 24, 2025.
The High Court had nullified Nyindam’s election following a petition filed by the National Democratic Congress (NDC) candidate, Daniel Nsala Wakpal, prompting the EC to announce plans to conduct a rerun. The Supreme Court’s intervention has now put those plans on hold.
During the hearing, counsel for the applicant, Gary Nimako Marfo, informed the court that the NDC candidate had not been served with the judicial review application and requested permission for substituted service.
After deliberations, a five-member panel of the Supreme Court, presided over by Justice Pwamang and comprising Justices Kulendi, Tanko, Samuel Asiedu, and Henry Kwofie, granted the request. The court ordered that service be effected by posting the processes at the respondent’s residence in Kpandai, on the notice boards of the Tamale High Court and the Kpandai District Court, and by sending the documents via WhatsApp to a verified phone number. The postings are to remain in place for seven days, after which service will be deemed valid.
The court further ordered the EC, represented by Justin Amenuvor, to suspend all election-related arrangements in the constituency until the matter is fully heard and determined.
The case has been adjourned to January 13, 2026.
The dispute originates from an election petition filed at the Tamale High Court by the NDC candidate, which led to the annulment of Nyindam’s election. The NPP candidate has since challenged the decision at the Supreme Court, arguing that the High Court lacked jurisdiction because the petition was filed outside the constitutionally mandated 21-day period.
According to the applicant, the parliamentary election results were gazetted on December 24, 2024, while the petition was filed on January 25, 2025, rendering it statute-barred. The Supreme Court’s order preserves the status quo as it considers the legality of the High Court proceedings.
