Speaker of Parliament Alban Bagbin has ruled that the Kpandai parliamentary seat cannot be declared vacant yet, despite a High Court decision annulling the 2024 parliamentary results and ordering a rerun within 30 days.
His clarification followed demands by South Dayi MP Rockson-Nelson Dafeamekpor, who insisted Nyindam must vacate his seat in line with the High Court ruling.
Addressing Parliament on Thursday, November 27, Bagbin explained that although the High Court set aside the declaration that made Matthew Nyindam the duly elected MP, the ruling cannot take immediate effect because the law imposes a mandatory seven-day stay of execution on all appealable High Court judgments.
According to Bagbin, Rule 27(3) of the Court of Appeal Rules, 1997 (CI 19), as amended by CI 132, makes it compulsory for every High Court decision capable of appeal to remain unenforced for seven days after judgment is delivered.
This statutory stay, he noted, runs until December 1, 2025, meaning Parliament cannot treat the Kpandai seat as vacant before that date.
The Speaker said the effect of the High Court order is that the Electoral Commission must conduct a rerun within 30 days and that the earlier declaration of Nyindam as winner has been invalidated.
However, he reminded the House that the Supreme Court in Mensah v. GCB (2005–2006) and the Court of Appeal in Clenam Construction Ltd v. Valcum Crest (2022) have both held that any attempt to enforce a High Court decision before the seven-day period expires is premature and void.
He emphasised that the ruling delivered by the High Court is an executory order, not a declaratory one, and therefore cannot take effect immediately.
“It is therefore too premature to say that the Hon. Matthew Nyindam is disqualified from entering and participating in the activities of the House because this period stays within the seven days mandatory stay of execution of the order. Honourable members, this is not a declarative order, it is an executive order that was delivered by the High Court so the honourable member is right to have been in the House yesterday,” Bagbin said.
Source: Starrfm.com.gh
