Minority Demands Immediate Withdrawal of Letter Declaring Kpandai Seat Vacant
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The political temperature in Parliament has risen sharply as the Minority Caucus formally demands the immediate withdrawal of a controversial letter declaring the Kpandai Constituency seat vacant. The development has triggered a fresh constitutional debate, deepened partisan tensions, and raised questions about due process in the management of parliamentary seats affected by court rulings.
How the controversy began
The issue stems from a recent ruling by the Tamale High Court, which annulled the 2024 parliamentary election results in the Kpandai Constituency and ordered a rerun. The judgement, delivered in late November, came after a petition challenging the legitimacy of the election results.
In response, the Office of the Clerk to Parliament issued a letter to the Electoral Commission (EC), formally notifying it of a vacancy and invoking the constitutional requirement for a by-election. This action essentially paved the way for the EC to begin processes toward a fresh poll in the constituency.
Why the Minority is pushing back
The Minority Caucus says the announcement of a vacancy is not only premature but also a violation of parliamentary procedure and judicial rules. According to them, the High Court’s decision is appealable, and the seven-day legal window for filing a stay of execution or appeal had not yet elapsed at the time Parliament acted.
They argue that until all legal processes are fully exhausted, the seat cannot be treated as vacant. By sending a notice to the EC, they claim, Parliament risks overstepping its constitutional mandate.
Minority Chief Whip Frank Annoh-Dompreh described the Clerk’s letter as “procedurally irregular and legally unsound,” insisting that it must be withdrawn without delay. He noted that declaring the seat vacant before the appeal window closes undermines the rights of the sitting MP, Matthew Nyindam, and disregards the principle of fairness embedded in Ghana’s legal system.
Speaker Bagbin’s position adds fuel to the fire
The Speaker of Parliament, Rt. Hon. Alban Bagbin, has also expressed concern. He believes the timing of the declaration was improper because the stay-of-execution period had not been respected, and that the sitting MP retains his position until the judicial process fully concludes.
His stance effectively aligns with the Minority, setting the stage for possible internal disagreements within the parliamentary administrative hierarchy.
What’s at stake?
This dispute is not just technical it has real political implications. A by-election in Kpandai could shift the balance in what has become one of Ghana’s most closely divided Parliaments in recent history. Any loss or gain in seats could influence key votes, committee compositions, and the overall legislative agenda.
For the people of Kpandai, the uncertainty means their representation is caught in the middle of a legal and political tug-of-war. Until the matter is settled, questions about who legitimately speaks for them in Parliament remain unresolved.
The Minority’s demands
The Caucus wants three things:
- Immediate withdrawal of the letter declaring the seat vacant.
- Clarification of parliamentary administrative procedures to prevent similar errors in the future.
- Respect for constitutional timelines, especially concerning appeal and stay-of-execution windows.
They emphasize that allowing the current letter to stand could set a dangerous precedent that undermines due process in election-related parliamentary matters.
What happens next?
The decision now lies with the Parliamentary Service and leadership. If the letter is withdrawn, the existing MP retains his position until the appeal is heard. If not, the EC may proceed with preparations for a by-election a move that could heighten political tensions further.
Legal experts expect that whichever direction the matter takes, it may shape how Ghana handles similar election petition outcomes in the future.
As the debate intensifies, all eyes remain on Parliament, the courts, and the EC with the Kpandai Constituency sitting at the center of one of the year’s most sensitive political disputes.
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