Kpandai re-run: Nyindam to stay in Parliament for 7 days, It is premature to disqualify him – Speaker 

Speaker of Parliament Rt. Hon. Alban Sumana Kingsford Bagbin has ruled that it is premature for the House to remove Mathew Nyindam or declare the Kpandai seat vacant. 

According to the Speaker, the law provides an automatic seven-day stay of execution period after any High Court decision capable of appeal. 

Speaking in Parliament on November 27, Hon. Alban Bagbin explained that the Court of Appeal Rules, 1997 (CI 19) provide clear guidance that must be followed before any parliamentary action is taken. 

He cited the rule which states “There shall be a stay of execution of the judgement or decision appealed against for a period of 7 days immediately following the giving of notice of a judgement or decision”. 

He noted that the Supreme Court, in Mensah v. Ghana Commercial Bank (2005-2006), also held that any execution before the 7-day period expires is premature and void.

He stressed that the purpose of the statutory stay is to allow the affected party the opportunity to consider the judgement and decide whether to appeal or seek more relief. 

“The ruling of the Tamale high court was delivered on 24th November 2025. The statutory 7 day stay therefore remains enforced until 1st December 2025.”

Hon. Bagbin added that during this period, the High Court’s decision cannot compel him to instruct the Clerk to notify the Electoral Commission that the Kpandai seat is vacant.

He then referenced Article 105 of the 1992 Constitution, which makes it an offence for a person to sit or vote in Parliament while knowing or having reasonable grounds for knowing that they are not entitled to do so. 

He noted that this provision is penal in nature and must be applied with caution.

“It’s therefore too premature to say that the honourable Mathew Nyindam is disqualified from entering and participating in the proceedings of the house, for this period still falls within the 7 day mandatory stay of execution of the order.”

The Speajer further clarified that the High Court’s decision was not a declaratory order but an executive one, and until the statutory period lapses, Matthew Nyindam remains entitled to take part in parliament’s work.

“The honourable member is right to have been in the house yesterday and to have participated in the proceedings.”