In a significant ruling on election petition timelines, the Supreme Court has overturned a High Court decision that nullified the election of New Patriotic Party (NPP) Member of Parliament Matthew Nyindam for the Kpandai constituency.
The apex court, by a 4–1 majority decision, upheld an application filed by Mr. Nyindam invoking its supervisory jurisdiction, ruling that the High Court lacked the authority to entertain the election petition that led to the annulment of his victory.
Justice Gabriel Scott Pwamang, who presided over the five-member panel, dissented from the majority decision.
The case turned on the date the Electoral Commission (EC) gazetted the results of the 2024 parliamentary election for the Kpandai constituency. Under Ghana’s electoral laws, an election petition must be filed within 21 days of the gazette notification of results, failing which the court lacks jurisdiction to hear the matter.
Mr. Nyindam argued that the EC gazetted the results on December 24, 2024, and that any petition filed outside the 21-day statutory window was incompetent. On that basis, he maintained that the High Court acted without jurisdiction when it entertained the petition that ultimately annulled his election.
The National Democratic Congress (NDC), however, contended that the 2024 elections presented a special situation, as the EC issued two gazette notices—one on December 24, 2024, and another on January 6, 2025.
According to the NDC, the later gazette superseded the earlier notice and should therefore be treated as the operative date for calculating the filing period. The party argued that the petition was filed within time and that the High Court acted lawfully.
The Supreme Court rejected this argument and ruled in favour of Mr. Nyindam, effectively restoring his mandate as Member of Parliament for Kpandai.
The panel that determined the matter comprised Justices Gabriel Scott Pwamang, Amadu-Omoro Tanko, Yonny Kulendi, Samuel Kwame Adibu Asiedu, and Henry Kwoffie.
The decision reaffirms the strict application of statutory timelines in election petitions, with the Supreme Court expected to provide further legal clarity when its full judgment is released on February 6, 2026.
