The High Court in Tamale on Monday annulled the 2024 parliamentary election results for the Kpandai Constituency in the Northern Region and ordered a rerun of the entire election.
The seat is currently being occupied by the New Patriotic Party (NPP) Member of Parliament (MP), Matthew Nyindam.
In the ruling, the court, presided over by Justice Emmanuel Brew Plange, held that the election was flawed with widespread irregularities and, therefore, ordered a rerun of the election within 30 days.
Petition
The 2024 National Democratic Congress (NDC) parliamentary candidate for Kpandai, Daniel Nsala Wakpal, on December 23, 2024, filed a petition at the Tamale High Court challenging the Electoral Commission (EC) declaration of Mr Nyindam as Member of Parliament-elect for the constituency.
He alleged that the results of the parliamentary elections as declared by the EC were invalid due to some irregularities and inconsistencies contained in some of the pink sheets
The former Member of Parliament (MP) argued that Form 8A (regulation 32 (7) and 39(2)) for 41 out of a total of 152 polling stations contained some inconsistencies and irregularities.
He added that the election held on December 7 election was inconsistent with regulation 39 of the public elections’ regulations 2020 (CI 127) as well as the principles laid down by regulation 39 thus affecting the outcome of the election.
Non-compliance
After examining the evidence, the court agreed with the petitioner, ruling that the level of non-compliance materially affected the outcome of the poll.
It subsequently ordered the EC to organise a new parliamentary election in the constituency to determine the rightful winner.
Following the ruling, lawyers for the defendant have filed for a stay of execution pending the determination of an appeal.
Briefing journalists after the ruling, Counsel for the Plaintiff, Nii Kpakpo, expressed satisfaction with the outcome of the court ruling.
He said the EC’s district officer acted unlawfully by relocating the collation centre without the knowledge of the candidates, thereby raising suspicion about the integrity of the election.
“We had a rogue electoral commission district electoral officer who decided to abuse discretion, the failure to notify the petitioner of the relocation meant there was no way he could have participated or exercised his rights”, he stated.
Results
The annulled results had placed Mr Nyindam in the lead with 27,947 votes, representing 53.47 per cent, while Mr Wakpal had 24,213 votes, representing 46.33 per cent.
However, the parliamentary candidate for All People Congress (APC), Donkor Eric Nipani, secured only 104 votes.
The election in the constituency was characterised by violence.
At the collation centre, election materials such as ballot boxes and Biometric Verification Devices were reportedly vandalised during the chaos.
It took the timely intervention of security personnel to restore calm.
Writer’s email:mohammed.fugu@graphic.com.gh
