Supreme Court Overturns Tamale High Court Ruling, Upholds Nyindam’s Election As Kpandai MP

By Daniel Bampoe 

The Supreme Court has brought a dramatic end to the legal uncertainty surrounding the disputed parliamentary election in the Kpandai Constituency, quashing a Tamale High Court decision that had annulled the 2024 election results and ordered a fresh poll.

In a majority decision of 4–1, delivered today, the apex court ruled that the High Court in Tamale lacked the jurisdiction to entertain the election petition filed by the defeated National Democratic Congress (NDC) parliamentary candidate.

The judgment effectively restores and confirms the mandate of NPP’s Matthew Nyindam as the duly elected Member of Parliament for Kpandai.

Kpandai Election Dispute

The legal battle began after the 2024 parliamentary elections, in which Matthew Nyindam of the New Patriotic Party (NPP) was declared winner in Kpandai.

His victory was later challenged by the NDC’s parliamentary candidate, who filed an election petition alleging irregularities.

In November 2025, the High Court in Tamale nullified the parliamentary results and ordered a rerun election in the constituency.

The decision created significant political tension, with the Electoral Commission subsequently making preparations for a by-election.

However, the High Court ruling immediately attracted controversy, with the NPP arguing that the petition itself was fundamentally flawed because it was filed outside the constitutionally required time period.

Supreme Court Finds Petition Was Out of Time

The Supreme Court, in its ruling today, agreed with the NPP’s position. The apex court held that the election petition was presented beyond the mandatory statutory deadline and therefore could not properly be heard by the Tamale High Court.

The court concluded that because the petition was filed outside the required time limit, the High Court lacked jurisdiction from the outset, rendering its decision to annul the election legally invalid.

This outcome followed a judicial review application initiated by Lawyer Gary Nimako Marfo, the Director of Legal Affairs for the NPP, who led the challenge against the High Court judgment.

By-Election Cancelled, Nyindam’s Mandate Restored

With the Supreme Court’s decision quashing the High Court ruling, the planned rerun parliamentary election in Kpandai will no longer take place.

The judgment therefore upholds Matthew Nyindam’s election victory, confirming him as the legitimate Member of Parliament for the constituency.

The Supreme Court’s decision was delivered by a majority, with Justice Gabriel Pwamang dissenting.

Legal Team Behind the Judicial Review

The judicial review application was argued by a legal team representing the NPP MP, made up of:

Gary Nimako Marfo

Shadrack Obeng-Yeboah

Dr. Kwaku Agyeman-Budu,

Ekow Abaka Essuman and

Nana Barfi

The team was led in court proceedings by Frank Davis.

Significance of the Ruling

The Supreme Court’s decision not only resolves the Kpandai parliamentary dispute but also reinforces the importance of strict constitutional timelines in election petition cases.

By ruling that courts cannot assume jurisdiction where statutory deadlines have not been met, the apex court has set a clear precedent on the limits of judicial authority in electoral challenges.

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