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GeneralHeadlinesPolitics

Minority has no legal basis to oppose Clerk’s letter to EC – Private legal practitioner

A private legal practitioner says the Minority has no legal basis to challenge the Clerk’s letter declaring the Kpandai seat vacant, insisting the Clerk acted strictly by constitutional requirements.

Hamdia Mohammed By Hamdia Mohammed Published December 11, 2025
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Private legal practitioner Prince Benson Mankotam says the Minority in Parliament has no legal grounds to demand the withdrawal of the Clerk’s letter notifying the Electoral Commission (EC) of a vacancy in the Kpandai Constituency.

Reacting to Tuesday’s chaotic scenes in Parliament in an interview on Morning Starr with Naa Dedei Tettey, Mr. Mankotam said the Clerk acted strictly within the law after the Tamale High Court ruled on November 24, 2025, ordering a rerun of the Kpandai parliamentary election within 30 days.

He explained that under Article 112(5) of the Constitution, the Clerk is required to notify the EC within seven days once a vacancy is established.

Reading the provision, he stated, “Whenever a vacancy occurs in Parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after becoming aware that the vacancy has occurred.”

According to him, the Minority’s insistence that a judicial review application automatically halts the Clerk’s action is legally flawed.

“The mere filing of an application for judicial review does not constitute a stay of execution,” he clarified.

His comment comes after the Minority protested the Clerk’s letter, arguing that ongoing court processes meant the MP for Kpandai should retain his seat. But the Court’s ruling had already taken effect after seven days, a point the Speaker had earlier acknowledged.

Despite the Minority’s opposition, the EC has since scheduled the rerun for December 30, 2025, insisting it is acting according to the court order.

Source: Starrfm.com.gh

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TAGGED:Clerk’s letterGhana NewsKpandai rerunLegal expertminorityPrince Benson Mankotam
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