John Darko
The Legal Counsel to the Minority Caucus in Parliament, John Darko, has described the National Democratic Congress’s (NDC) intention to seek a review of the Supreme Court’s ruling on the Kpandai parliamentary election as unnecessary and impractical, arguing that the party is unlikely to meet the strict legal threshold required for such an application.
Mr. Darko was reacting to claims by the NDC Majority Caucus that the legal battle over the Kpandai seat was not over, following the Supreme Court’s decision to restore the election of the New Patriotic Party (NPP) candidate, Matthew Nyindam, as Member of Parliament (MP).
According to him, applications for review at the Supreme Court are granted only in exceptional circumstances, making it extremely difficult for parties dissatisfied with a ruling to secure a reconsideration.
“There is no way the court will even give you the opportunity. The Supreme Court has set very clear rules in several decisions. To even admit a review of its own decision requires meeting a very high threshold, and I do not think they can meet that threshold,” he said.
Mr. Darko urged the NDC to accept the ruling of the apex court rather than pursue further legal action, insisting that the chances of success were minimal.
His comments follow remarks by the NDC’s Majority Chief Whip and Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, who said the party would explore the option of seeking a review once the full ruling of the court is formally filed.
Yesterday, the Supreme Court, by a 4-1 majority, overturned the Tamale High Court’s decision that had annulled the 2024 parliamentary election in the Kpandai Constituency.
The ruling effectively reinstated Mr. Nyindam as MP after the court upheld his application invoking its supervisory jurisdiction.
Justice Gabriel Scott Pwamang, who presided over the five-member panel, dissented.
The case arose from an application filed by Mr. Nyindam, who challenged the High Court’s decision on the grounds of jurisdictional error.
He argued that the election petition against him was filed outside the constitutionally mandated period and was therefore incompetent.
The central issue before the Supreme Court was the date on which the Electoral Commission (EC) gazetted the results of the 2024 parliamentary election in Kpandai.
Under the country’s electoral laws, an election petition must be filed within 21 days of the publication of the results in the gazette. Any petition filed after that period deprives the court of jurisdiction to hear the case.
Mr. Nyindam’s case was that the EC gazetted the results on December 24, 2024, meaning the petition challenging his election was filed out of time.
The Supreme Court agreed with this position, setting aside the High Court’s ruling and restoring his mandate.
Reacting to the decision, Mr. Dafeamekpor warned the NPP against assuming that the matter had been conclusively settled.
He stressed that the NDC remained aggrieved by the outcome and would consider its next steps after the Supreme Court makes available the written reason of its decision.
“The NPP shouldn’t think that it is over. It is not over,” he told the media, noting that the court’s full decision is expected to be filed by February 6.
While reaffirming the party’s respect for the rule of law, the South Dayi MP questioned the court’s interpretation of the gazette notification, describing the document published by the Assembly Press under the authority of the EC as a valid public record.
“We should be interested in the gazette notification published by the Assembly Press under the authority of the Electoral Commission that was brought to Parliament, from which people like me were sworn in,” he argued.
“That cannot be a gazette that will be discounted by the court, because it is a public document,” he further intimated.
Mr. Dafeamekpor also accused the NPP of inconsistency in its posture towards the judiciary, recalling that the party had criticised the courts when earlier rulings went against it.
“When the court gave a decision in our favour, they called it a kangaroo court. Today, when they have obtained a decision in their favour, they are singing the praises of the court,” he said.
He urged calm among NDC supporters both in Accra and in Kpandai, assuring them that the party would remain law-abiding.
“We are law-abiding, and we want to urge our teeming supporters both here and in Kpandai to remain calm. This is not the end,” he said, reiterating that the party would decide its next course of action after the Supreme Court files its ruling.
By Ernest Kofi Adu