The Supreme Court has ordered the Electoral Commission (EC) to suspend all processes toward the parliamentary election rerun in the Kpandai constituency, bringing a temporary halt to polls earlier slated for December 30.
The decision follows a legal challenge by the New Patriotic Party (NPP) parliamentary candidate, Matthew Nindam, who is contesting the validity of an election petition filed by his National Democratic Congress (NDC) opponent.
The NPP argues that the petition, which led to the rerun order, was filed outside the period allowed by law and therefore should not have been entertained by the High Court in the first place.
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In its ruling, the Supreme Court issued two key directives. First, it instructed the EC to halt all proceedings connected to the proposed rerun in the Kpandai constituency until the substantive issues before the court are determined.
Second, it granted an application for substituted service to ensure that the NDC candidate is formally notified of the proceedings, following reported difficulties in serving him directly.
Under the substituted service order, court processes are to be posted on the notice boards of the High Court in Tamale and the District Court in Kpandai, affixed to the candidate’s residence in Kpandai, and sent via WhatsApp to a phone number provided to the court.
After the notices have been displayed for seven days, the NDC candidate will be deemed to have been properly served.
The core of the NPP’s case is a procedural argument centered on timing. According to the party, the EC gazetted the 2024 parliamentary election for Kpandai on December 24, while the NDC candidate filed his petition at the Tamale High Court on January 25, a gap of 32 days.
The NPP maintains that this falls outside the statutory period for filing an election petition, stripping the High Court of jurisdiction.
NPP representatives expressed strong confidence in their legal position, pointing to what they say is an existing Supreme Court precedent confirming December 24 as the relevant gazette date.
Dominic Nitiwul, who spoke on behalf of the NPP in court, described the case as straightforward and said the court would ultimately determine the matter, despite what he described as shifting arguments from the NDC.
The NDC and its candidate were notably absent from the Supreme Court session during which the orders were made. The NPP has alleged that the candidate has been evading service, a claim that prompted the request for substituted service.
Prior to the court’s intervention, the NDC was reported to have been campaigning in the constituency.
NPP officials welcomed the ruling, describing it as a modest but important step in ensuring that the law takes its course. The party said it had refrained from active campaigning in Kpandai, choosing instead to rely on the legal process.
The Supreme Court’s orders now freeze the rerun election pending further determination of the substantive issues before it.
