Patricia Appiagyei
The Minority Caucus has accused Parliament of committing a “grave constitutional violation” by prematurely notifying the Electoral Commission (EC) of a vacancy in the Kpandai Constituency despite active legal processes challenging the High Court ruling that annulled the seat.
Addressing a press conference in Parliament yesterday, Deputy Minority Leader, Patricia Appiagyei, warned that the move, initiated through a letter from the Clerk to Parliament, constituted “a direct assault on the constitutional rights of the people of Kpandai” and a dangerous departure from the House’s long-standing precedents.
According to her, the action not only breaches the separation of powers but risks disenfranchising thousands of voters who delivered the New Patriotic Party’s Matthew Nyindam a decisive victory of 3,734 votes in the 2024 general election.
‘Judgment Legally Suspended’
Ms. Appiagyei stressed that the High Court ruling that voided the Kpandai election cannot be treated as final. She noted that Mr. Nyindam had already exercised his constitutional rights by filing a stay of execution, lodging a notice of appeal at the Court of Appeal, and initiating a certiorari application at the Supreme Court.
“What manner of Parliament are we that we would rush to enforce a judgment that is legally suspended, ignore appeals that are actively proceeding, and arrogantly presume to pre-empt our superior courts before they have uttered a single word?” she asked.
She described Parliament’s action as a sharp break from institutional history, insisting that the House has never treated a first-instance ruling as grounds for immediate removal of a sitting Member of Parliament (MP).
Minority Cites Historical Precedents
The Deputy Minority Leader recalled a series of cases in which Parliament deferred action until the completion of the appellate process or until the highest court issued a final and explicit directive.
She cited the cases of Samuel Nyimakan of Wulensi in which Parliament allowed him to remain MP until the Court of Appeal issued its final ruling; Eric Amoateng of Nkoranza North, which despite his detention abroad on criminal charges, Parliament declared the seat vacant only after he formally resigned; Dan Abodakpi of Keta, which despite a 10-year conviction, he remained an MP and returned after receiving a presidential pardon. His seat was never declared vacant; and Adamu Dramani Sakande of Bawku Central, who continued serving until a final criminal conviction rendered him legally incapacitated, months before the 2012 general election.
Ms. Appiagyei also rejected comparisons with the well-known James Gyakye Quayson case, emphasising that decisive action in that matter only followed explicit Supreme Court injunctions and final orders, not the initial High Court judgment.
“To use the Quayson case to justify instant action in Kpandai turns the truth upside down. In Quayson’s case, Parliament acted on direct Supreme Court orders. In Kpandai, the Supreme Court has not spoken at all,” she stated.
Dangerous Precedent
The Deputy Minority Leader warned that if Parliament proceeds, it risks setting a “toxic precedent” where a parliamentary majority could weaponise a first-instance court ruling to unseat opponents instantly, rendering the appellate process meaningless.
“This is not upholding the law. It is a selective, cynical, and historically illiterate application of it,” she said.
She argued that Article 99(1)(e) of the Constitution, which states that a parliamentary seat becomes vacant upon a determination by the appropriate judicial authority, has always been interpreted to mean a final determination after appeals are exhausted.
“Treating a stayed, appealed, and contested judgment as final violates both the Constitution and our parliamentary tradition of restraint,” she added.
Minority Demands
The Minority Caucus called for the immediate withdrawal of the notification sent to the EC. They urged Parliament to respect the stay of execution, await the outcome of the appeals, and uphold its own precedents.
Ms. Appiagyei emphasised that the issue transcends partisanship and strikes at the heart of constitutional fidelity.
“This is a call for basic respect for the rule of law and for our parliamentary history. The people of Kpandai are watching. Ghana is watching. History is watching,” she said.
She insisted that Mr. Nyindam must remain recognised as MP until the appellate process reaches its conclusion or the Supreme Court issues a definitive ruling.
“As things stand, the notification to the EC is unlawful, premature, and must be withdrawn without delay,” she concluded.
By Ernest Kofi Adu, Parliament House