The Supreme Court (SC) has by a 4:1 majority decision affirmed the New Patriotic Party’s (NPP) Matthew Nyindam as the validly elected Member of Parliament (MP) for Kpandai, by setting aside the decision of a High Court in Tamale which nullified the election results and called for a re-run.
The apex court’s decision followed an application filed by Mr. Nyindam through his lawyers, challenging the judgment of the Tamale High Court delivered on November 24, 2025, which upheld a petition filed by the National Democratic Congress’s (NDC) Daniel Nsala Wakpal, who had lost the 2024 parliamentary election in the area.
The Supreme Court, in its decision, also quashed all consequential orders given by the High Court, presided over by Justice Emmanuel Brew Plange, bringing finality to the matter.
The court said full reasons for both the majority and minority decisions would be filed at its registry on February 6, 2026.
Justices Issifu Omoro Amadu Tanko, Yonny Kulendi, Samuel Asiedu, and Henry Anthony Kwofie comprised the majority while Justice Gabriel Pwamang, who presided, dissented.
The court also struck out two separate applications – one calling for a suspension of the re-run of the election announced by the Electoral Commission and the other one seeking to cite the Clerk of Parliament, Ebenezer Ahumah Djietror for contempt of court.
This was as a result of Gary Nimako Marfo, counsel for Mr. Nyindam, withdrawing the applications following the court’s decision.
Mr. Nyindam was beaming with excitement as he stepped out of the courtroom, as he prepares to return to Parliament when the House resumes sitting on February 3, 2026.
Meanwhile, NDC Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has indicated the likelihood of the party filing for a review once they receive and review the true certified copy of the court’s decision.
Earlier Decision
The Supreme Court, by a unanimous decision on December 16, 2025, suspended the re-run of the Kpandai Constituency parliamentary election pending the determination of an application filed by Mr. Nyindam, challenging the decision of a High Court in Tamale which ordered the re-run.
This, according to the court, was to ensure that the court is not overreached by the re-run pending the application which it said discloses prima facie.
Certiorari Application
The then New Patriotic Party (NPP) Member of Parliament for Kpandai, Matthew Nyindam, on December 1, 2025, filed an application at the Supreme Court seeking to quash the judgment of the Tamale High Court, which annulled his election and ordered a re-run.
The application, filed by his lawyer, Gary Nimako Marfo, was asking the apex court to issue an order of certiorari to strike out the High Court’s November 24, 2025 decision, arguing that the trial court acted without jurisdiction.
Top among the arguments is that the election petition filed by the National Democratic Congress’ (NDC) candidate, Daniel Nsala Wakpal, was done outside the 21 days after results of the election had been gazetted as prescribed by law.
The decision by the High Court to order a re-run of the entire election, contrary to what the petitioner asked for, drew wild criticisms, with the Minority in Parliament describing it as not only flawed but “dangerous,” warning that it poses a serious threat to the nation’s constitutional democracy and the sovereignty of voters.
He then followed it with an application for substituted service as they were struggling to serve the motion on the NDC candidate.
While the motions were pending, the Electoral Commission, on December 10, 2025, issued a statement announcing a re-run of the election on December 30, noting that the re-run will be contested only by the three candidates who participated in the original 2024 parliamentary election for the Kpandai Constituency.
This restriction, it said, is to ensure the re-run is a direct continuation of the disputed poll, focusing on the same contenders.