Kpandai MP Legal Team Questions Basis for Election Rerun Order

The legal team representing New Patriotic Party (NPP) Member of Parliament for Kpandai constituency, Matthew Nyindam, has challenged the evidentiary basis of a High Court ruling ordering a parliamentary election rerun, arguing that documented facts do not support invalidating the December 2024 results.

Lawyer Sylvester Nsang told reporters on Monday, November 24, 2025, following the Tamale High Court’s decision, that the evidence on record fails to justify setting aside the election outcome. The court had directed the Electoral Commission (EC) to conduct fresh polls within 30 days.

Nsang emphasized that evidence shows all stakeholders received copies of pink sheets, the official Electoral Commission documents recording polling station results. He noted that violence at the initially designated collation center in Pandai gave the commission the right to relocate proceedings under existing regulations.

The lawyer questioned the court’s decision considering regulations allowing elections to continue even when candidates or agents are absent from polling locations. He argued these provisions should have protected the integrity of results despite the disruptions cited by petitioners.

Nsang pointed out that irregularities claimed at 41 polling stations involved approximately 500 votes, a number insufficient to alter the overall election outcome. He questioned the logical basis for invalidating results when even adding those disputed votes to the petitioner’s total would not change the winner.

The Tamale High Court ruling, delivered by Justice Emmanuel Brew Plange, followed a petition filed by National Democratic Congress (NDC) parliamentary candidate Daniel Nsala Wakpal. The petitioner challenged Nyindam’s declaration as Member of Parliament elect, arguing the December 7, 2024 parliamentary election was fraught with irregularities.

Wakpal cited inconsistencies in Form 8A pink sheets from 41 out of 152 polling stations and requested the court nullify results from only those affected polling centers. However, Justice Brew Plange ruled that irregularities identified were significant enough to affect the integrity of the entire electoral process in the constituency.

The NDC candidate argued that the parliamentary election was not conducted in compliance with Regulation 39 of the Public Elections Regulations, 2020 (CI 127) and that non compliance affected election results. He sought an order setting aside declared results affecting the 41 polling stations and directing the EC to conduct a rerun in those specific locations.

Matthew Nyindam, addressing the media after the ruling, maintained he remains the legitimate Member of Parliament for Kpandai and expressed readiness to defend his mandate if required. He revealed that his legal team filed both a notice of appeal and an application for stay of execution, signaling intention to challenge the judgment.

The sitting MP alleged that about a week before the ruling, NDC members in Kpandai were openly discussing an anticipated rerun, suggesting they had prior knowledge of the outcome. He stated that opponents were jubilating and saying all manner of things, behaving as though they already knew the court’s decision.

Nyindam described election day tensions at the collation center amid allegations that NDC supporters attacked the facility. He stated that the candidate mobilized supporters who arrived in pickups and attacked the collation center, forcing police and military intervention. Security personnel advised the Electoral Commission to relocate to the regional office for the declaration, according to his account.

The MP explained that irregularities cited at 41 polling stations involved discrepancies between verified voters and votes actually cast. He illustrated scenarios where verification might show 200 people at a polling station but parliamentary votes cast totaled 199, suggesting some voters participated in presidential elections but not parliamentary contests.

Nyindam reassured constituents that he remains their MP until the Court of Appeal decides otherwise, emphasizing his team’s commitment to fighting the case to its logical conclusion. He clarified that his opposition stems not from fear of a rerun but from concerns about the basis for ordering one.

Reports from election day indicate that tensions flared at the collation center amid allegations of vote rigging by NDC supporters. Biometric verification devices were reportedly removed, ballots destroyed, and security forces deployed to manage unrest during the counting process.

Justice Plange emphasized in his judgment the need for the Electoral Commission to restore public confidence by organizing a transparent and credible re-poll. The ruling favored the NDC candidate’s argument that procedural breaches undermined his right to fully participate in the electoral process.

Lawyer Nsang confirmed that his client filed a competent notice of appeal immediately following the ruling, describing the petition that led to the rerun order as frivolous. While stating the legal team respects the court’s authority, he emphasized their strong disagreement with the judgment.

The lawyer noted that all procedural steps have been followed, including serving the petitioner with appeal documents. He added that the petitioner decided to throw away the service notice but maintained this still constitutes proper service under legal requirements.

NDC Deputy Director of Elections Rashid Tanko, known as Computer, expressed gratitude to the court for what he characterized as giving the people of Kpandai justice. The ruling represents a significant victory for the NDC as it seeks to overturn results from the December 2024 parliamentary elections.

The next step involves the Court of Appeal reviewing evidence on record to determine whether the High Court correctly applied electoral law and regulations. Nsang expressed confidence that appellate judges will conduct thorough examination of documented facts.

The appeal and stay of execution application create uncertainty about whether the Electoral Commission will proceed with organizing the rerun within the 30 day timeframe specified by the High Court. A successful stay would suspend implementation of the rerun order pending resolution of the appeal.

The case highlights tensions in Ghana’s post election legal processes, particularly regarding standards for invalidating election results based on alleged procedural irregularities. It raises questions about the threshold of evidence required to set aside declared results versus ordering reruns at specific polling stations.

Electoral law experts note that courts face difficult balancing acts between protecting electoral integrity and avoiding unnecessary disruption of declared results. The Kpandai case tests these principles, particularly regarding whether irregularities at a minority of polling stations justify invalidating constituency wide outcomes.

The controversy also reflects broader challenges in Ghana’s electoral system, including disputes over collation procedures, interpretation of regulations governing emergency relocation of counting centers, and standards for when results should be annulled versus corrected through targeted interventions.

For Kpandai constituents, the legal battle creates uncertainty about parliamentary representation as both candidates claim legitimacy. The outcome will establish important precedents for how Ghana’s courts handle election petitions alleging procedural violations during collation processes.

The future of the Kpandai parliamentary seat remains uncertain as legal processes unfold. Both political parties brace for potential next phases, whether through appellate proceedings or eventual return to the polls if the High Court ruling stands.