Afenyo Markin Slams Judiciary Over Kpandai Election Rerun Order

Minority Leader Alexander Afenyo Markin has launched a scathing attack on Ghana’s judiciary, describing a recent court order for a rerun of the Kpandai parliamentary election as shameful and warning of its potential to undermine national stability. Speaking to journalists in Parliament on Wednesday, November 26, 2025, the Effutu Member of Parliament expressed deep concerns about the Tamale High Court’s directive, which he said could set a dangerous precedent for electoral chaos.

The Tamale High Court, presided over by Justice Emmanuel Brew Plange, on Monday, November 24, 2025, ordered a complete rerun of the Kpandai parliamentary election within 30 days. The ruling followed a petition by National Democratic Congress (NDC) candidate Daniel Nsala Wakpal challenging the victory of New Patriotic Party (NPP) candidate Matthew Nyindam, who was declared winner with 27,947 votes against Wakpal’s 24,213 votes in the December 7, 2024 election.

Afenyo Markin criticized the judiciary for what he described as actions and inactions that serve the interests of their paymasters, warning that such conduct has the tendency of destroying Ghana’s peaceful republic. He stated that the opposition would not mince words and would be prepared to face contempt proceedings if necessary.

The Minority Leader questioned how a judge could sit in court and misconduct himself in such a manner and expect the country to remain quiet. He emphasized that the order, with massive political, legal, and democratic consequences, was pronounced without a full written judgment.

He noted there were no written reasons, no factual findings, and no legal analysis behind the ruling, describing it as a naked directive issued into the public domain. He said the entire constituency was now being told there must be a rerun based on this incomplete judicial process.

Reflecting on his own legal experience, Afenyo Markin acknowledged that as a practicing lawyer with experience at the bar, he understands courts occasionally deliver rulings with reasons to follow. However, he stressed that such a practice is the exception, not the rule, and is never acceptable when the stakes are this high.

The Minority Leader further emphasized that the opposition is not afraid and prepared to face any contempt proceedings. He declared that the caucus is ready to be in Nsawam for contempt charges, warning that the world will see the disgraceful conduct of those involved.

Afenyo Markin described the Tamale High Court judgment as breathtaking in its reach and alarming in its implications. He said the judge had ordered nothing less than a wholesale rerun of the entire Kpandai parliamentary election, which was not routine judicial intervention but something far more troubling.

The Minority Leader warned that the ruling sets a bad precedent that will be exploited to create future electoral chaos. He said the judge had sent an unmistakable message to every political mischief maker and electoral saboteur in Ghana that they could engage in electoral violence to have their way by creating confusion in a few polling stations, destroying materials, disrupting processes, and triggering controversy to be rewarded with a full rerun.

Wakpal’s petition alleged irregularities and inconsistencies in Form 8A, also known as Pink Sheets, from 41 out of 152 polling stations in the constituency. He argued that the parliamentary election held on December 7, 2024, was not conducted in compliance with Regulations 39 of the Public Elections Regulations, 2020, and that non compliance affected the results.

The petitioner had requested an order setting aside the declared results affecting only the 41 polling stations and sought a rerun in those affected polling centers. However, Justice Brew Plange ruled that the irregularities identified were significant enough to affect the integrity of the entire electoral process in the constituency, ordering a complete rerun rather than the partial annulment sought.

Afenyo Markin told the people of Kpandai that Matthew Nyindam remains the sitting Member of Parliament for the constituency. He stated that no person, institution, or flawed judicial order could suspend the mandate the people had freely and lawfully conferred on him.

The Minority Leader said that unless and until the appellate process was properly invoked and fully exhausted to run its lawful course, the MP would continue to serve the Kpandai people with dedication and dignity. He vowed that the Minority would lawfully resist any attempt, whether subtle or brazen, to bar Nyindam from representing his people.

According to the Minority Caucus statement, all party agents had signed the Pink Sheets at every polling station, affirming the accuracy of the tally before the collation center was moved to Tamale. The group accused NDC supporters of attempting to disrupt the process on election night, believing the Electoral Commission could not complete the declaration.

The Minority described the High Court’s decision to nullify the entire vote as deeply concerning, arguing that the evidence presented in court did not justify such a sweeping order. They said the issues raised, including clerical errors and the candidate’s absence from the regional collation center, did not undermine the overall integrity of the election.

Afenyo Markin also alleged that the NDC candidate and his supporters had prior knowledge of the judgment before it was officially delivered. He questioned what kind of kangaroo judicial system Ghana now has, raising concerns about transparency and fairness in the judicial process.

MP Matthew Nyindam, speaking in an interview after the ruling, expressed disagreement with the court’s decision. He noted that some NDC members had already been signaling a rerun in Kpandai a week before the judgment, and even on the morning of the ruling, social media handles had posted about the rerun before the official pronouncement.

Nyindam reassured his constituents that he remains the legitimate MP for Kpandai until the appeal court rules otherwise. He stated that while they are not afraid of a genuine rerun, the circumstances surrounding this particular order raise questions about its legitimacy.

Lawyers for the NPP candidate have filed an appeal against the decision, along with an application for a stay of execution pending the outcome of the appeal. The counsel indicated they respect and accept the decision of the court but strongly disagree with the judgment, describing the petition as frivolous.

The counsel for Matthew Nyindam told journalists that evidence on record shows there was violence at the initially designated collation center, and once there was violence, the Electoral Commission had the right to relocate the collation center. He cited Regulation 48 of CI 127, stating that the absence of a candidate and his agent at the collation center does not invalidate the results.

Afenyo Markin pointed out that Article 99 of the Constitution makes the Court of Appeal the final arbiter in parliamentary election petitions, not the High Court. He therefore stated that where a High Court decision is so flagrantly unconstitutional, the Minority would not hesitate to support further constitutional litigation before the Supreme Court.

He declared that when a ruling assaults the Constitution itself, no judge is above scrutiny and no decision is beyond correction. The Minority Leader emphasized that the Constitution is supreme, and when a ruling violates it, judicial deference yields to constitutional duty.

Tensions had flared on election day at the collation center amid allegations of vote rigging by NDC supporters. Reports indicate that biometric verification devices were removed, ballots destroyed, and security forces deployed to manage the unrest. In delivering his judgment, Justice Plange emphasized the need for the Electoral Commission to restore public confidence by organizing a transparent and credible re poll.

The controversy has sparked debate about judicial independence, electoral integrity, and the relationship between the courts and democratic processes in Ghana. With legal processes now underway and the Electoral Commission under a 30 day deadline, the future of the Kpandai parliamentary seat remains uncertain as both political parties brace for the next phase of the electoral contest.

The Minority Caucus said it remained committed to the rule of law but expressed confidence that the appeals process would restore what it called the democratic outcome delivered by the voters of Kpandai. The case has become a focal point in discussions about how Ghana’s judiciary handles electoral disputes and the implications for democratic governance.