The Supreme Court of Ghana has sharply criticised the leadership of the Electoral Commission (EC) for failing to appear before the court in a highly sensitive case concerning the disputed Kpandai parliamentary re-run.
At a sitting held on Tuesday, December 16, the court expressed strong displeasure at the absence of EC Chairperson Jean Mensa and her two deputies, Dr. Bossman Asare and Mr. Samuel Tettey, despite the commission being the main respondent in the case.
Court Panel Expresses Open Displeasure
The case was heard by a five-member panel of the Supreme Court, presided over by Justice Gabriel Pwamang. The application before the court challenges the legal basis for the planned re-run election in the Kpandai Constituency.
From the outset, the justices noted that none of the EC’s top officials were present in court, even though the matter directly affects the Commission’s authority and actions.
When the court questioned Justin Amenuvor, lawyer for the Electoral Commission, about the absence of the leadership, the frustration of the bench became evident.
“They Are Running Our Elections” – Justice Amadu
One of the strongest criticisms came from Justice Issifu Omoro Tanko Amadu, who described the EC officials’ absence as unacceptable and dismissive of the authority of the Supreme Court.
“They don’t consider the actions serious enough? And they are running our elections, and they will not come to the Supreme Court,” Justice Amadu remarked.
The comment underscored the court’s view that institutions charged with managing Ghana’s democratic process must show the highest respect for the judiciary, especially in cases that have national political implications.
Supreme Court Suspends Kpandai Re-run
After hearing preliminary submissions, the Supreme Court ordered an immediate suspension of all preparations for the Kpandai parliamentary re-run.
This decision effectively freezes the electoral process in the constituency until the court determines whether the re-run was lawfully ordered in the first place.
The case has now been adjourned to January 13, 2026, when the court will hear the substantive arguments.
Background: Why the Re-run Was Ordered
The controversy began after the Tamale High Court annulled the 2024 parliamentary election victory of Matthew Nyindam, the New Patriotic Party (NPP) candidate for Kpandai.
The High Court ordered the Electoral Commission to conduct a fresh election within 30 days, following a petition filed by the opposition National Democratic Congress (NDC) candidate.
Nyindam’s Core Argument: Jurisdictional Error
Mr. Nyindam has since appealed to the Supreme Court, arguing that the High Court acted without legal authority.
His case hinges on a strict procedural requirement under Ghana’s Representation of the People Law, 1992 (PNDC Law 284).
What the Law Says
A parliamentary election petition must be filed within 21 days after the election results are published in the Gazette.
Nyindam’s Claim
The Kpandai election results were gazetted on December 24, 2024.
The NDC’s election petition was filed on January 25, 2025.
This amounts to 32 days, which exceeds the legally permitted 21-day limit.
According to Nyindam’s lawyers, this delay means the petition was statute-barred, and the High Court therefore lacked jurisdiction to hear the case or order a re-run.
Why the Supreme Court Intervention Matters
The Supreme Court’s decision to halt the re-run reflects the seriousness of the jurisdictional issue raised. If the court ultimately agrees that the High Court acted outside its powers, the following consequences may arise:
The original election result could be reinstated
The re-run order would be declared null and void
A strong precedent would be set on strict compliance with electoral timelines
Such a ruling would have far-reaching implications for how election petitions are filed and handled across the country.
Political Impact of the Suspension
The court’s order means that the Kpandai parliamentary seat remains effectively unresolved, creating uncertainty for constituents and political parties alike.
The suspension also places the Northern Region’s political balance in a state of limbo until the Supreme Court delivers its final judgment next year.
A Warning to State Institutions
Beyond the legal arguments, the Supreme Court’s sharp rebuke of the EC leadership sends a broader message: state institutions must treat judicial processes with seriousness and respect.
The justices made it clear that absence from court in critical national matters will not be tolerated, especially from bodies entrusted with safeguarding Ghana’s democracy.
